Magellan Jets Digital Terms of Service
Effective January 1, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY BIND YOU TO A CONTRACT WITH MAGELLAN JETS LLC (“Magellan Jets”). THIS INCLUDES AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
fly.magellanjets.com, my.magellanjets.com and any other applicable Magellan Jets web-based platforms (together, the “Magellan Jets Website“) and the Magellan Jets mobile application (the “Magellan Jets App“) (together with the Magellan Jets Website, the “Digital Services“) provide access to and use of information about the Magellan Jets Programs, (the “Magellan Jets Programs“), and, for those individuals accessing the offerings of Magellan Jets (each, a “Magellan Jets User“) by providing information to build a Magellan Jets account, may allow Magellan Jets to contact you with information about its services and permit you to book, cancel and pay for services or merchandise. Magellan Jets may also contact you in response to an inquiry using contact information you provide in your applicable Magellan Jets account. Magellan Jets may add to or change these functionalities in the future, without advanced notice to Magellan Jets Users.
By accessing or using the Digital Services, you agree to these Terms of Service, as well as Magellan Jets’ Privacy Policy, which is incorporated herein by reference. To the extent there may be a conflict among these Terms of Service and, as applicable, your Membership Agreement, Magellan Jets Flight Services Agreement, or Charter Services Agreement (each, an “Operative Agreement”) the Operative Agreement(s) control; provided that, rules, terms and conditions that may be implemented with respect to Interactive Features (as defined in the User Contribution section below), will control over the Terms of Service, or any applicable Operative Agreement.
If you do not agree with the Terms of Service or the Privacy Policy, and, to the extent applicable, our hosting vendor’s policies, you must immediately stop using the Digital Services. Your use or non-use of the Digital Services does not impact or affect your status as a Magellan Jets User. You may still participate in many Magellan Jets programs by communicating with Magellan Jets through means other than the Digital Services, in which case your Operative Agreements shall govern your participation.
These Terms of Service may change from time to time, without notice to Magellan Jets Users. When accessing the Digital Services or through other means of notice as described in the Notice section below, you may be invited to review and accept material changes to the Terms of Service. Changes will appear on the Magellan Jets Website. Your continued use of the Digital Services after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Please check the Terms of Service periodically for updates.
These Terms of Service shall remain in full force and effect while you use the Digital Services. Magellan Jets may terminate your account, your license to use the Digital Services, and/or any other Magellan Jets services at any time, without warning, in its sole discretion for reasons including, but not limited to, your failure to abide by the Terms of Service, Privacy Policy, an Operative Agreement(s), any other Magellan Jets policies, or non-payment of fees. Even after your account or license to use the Digital Services is terminated, the Terms of Service and Privacy Policy will remain in effect and will govern any dispute arising out of your use of the Digital Services.
Magellan Jets may discontinue or remove the Digital Services or any portions thereof at any time for any reason.
Eligibility/ No Use by Minors
The Digital Services are intended solely for Magellan Jets Users who are eighteen (18) years of age or older. By using the Digital Services, you represent and warrant that you are eighteen (18) years of age or older, and otherwise have capacity to contract.
Use of the Digital Services is void where prohibited. The Digital Services are intended for a United States audience and the Digital Services are controlled and offered by Magellan Jets from Quincy, MA and hosted in the United States of America. Magellan Jets makes no representations that the Digital Services are appropriate or available for use in other locations. Those who access or use the Magellan Jets Website from other jurisdictions are responsible for compliance with local law.
Digital Services Accounts
In order to access some of the Digital Services, you will have to create a password to activate the ability to use the Digital Services in connection with your Magellan Jets account.
You are entirely responsible for maintaining the confidentiality of your password and for the confidentiality and security of your personal information and User Contributions (as defined in the User Contribution section below), sent from or stored on your mobile device by the Digital Services. You agree to notify Magellan Jets immediately if you suspect any unauthorized access to or use of your account, access to your username or password, or any other breach of security.
You are solely responsible for any and all use of your account, and Magellan Jets will not be liable for your losses caused by any unauthorized use of your account. You agree that all information you provide to create an account or otherwise, including, but not limited to, through the use of the Interactive Features (as defined in the User Contribution section below), is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information consistent with our Privacy Policy. You agree not to use the account, username, or password of another at any time.
Fees
You acknowledge that Magellan Jets charges fees for some of its services and that Magellan Jets reserves the right to change its fees from time to time in its discretion, subject to the terms of the Operative Agreement(s). If Magellan Jets terminates your Digital Services account(s) or revokes your privileges to use Magellan Jets’s Digital Services because you have breached these Terms of Service, Privacy Policy or any other agreement governing your relationship with Magellan Jets, you may not be entitled to a refund of any unused portion of any reservation or other fees. Nothing in this paragraph is intended to conflict with or supersede the Operative Agreement(s) or any other Magellan Jets policies regarding use of services, fees and/or refunds.
Use of the Digital Services does not include the provision of a mobile device or other necessary equipment to access it. To use the Digital Services, you will require Internet connectivity and appropriate telecommunication links. Magellan Jets shall not have any responsibility or liability for any telephone or other costs you may incur.
Disclaimer
YOU AGREE THAT YOUR USE OF THE DIGITAL SERVICES AND INTERACTIVE FEATURES (AS DEFINED IN THE USER CONTRIBUTION SECTION BELOW) SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGELLAN JETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL SERVICES AND INTERACTIVE FEATURES AND YOUR USE THEREOF. MAGELLAN JETS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS DIGITAL SERVICES’ AND INTERACTIVE FEATURES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE DIGITAL SERVICES OR INTERACTIVE FEATURES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DIGITAL SERVICES OR INTERACTIVE FEATURES OR FROM THE CONDUCT OF ANY USERS OF THE DIGITAL SERVICES OR INTERACTIVE FEATURES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE DIGITAL SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES OR INTERACTIVE FEATURES; AND (VII) FLIGHT SHARING, WHETHER COORDINATED THROUGH THE DIGITAL SERVICES, INTERACTIVE FEATURES OR OTHERWISE. MAGELLAN JETS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DIGITAL SERVICES OR INTERACTIVE FEATURES OR ANY HYPERLINKED WEBSITE OR APPLICATION OR FEATURED IN ANY ADVERTISING, AND MAGELLAN JETS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE MAGELLAN JETS SERVICES ARE PROVIDED “AS-IS,” “WHERE IS” AND “AS AVAILABLE” AND MAGELLAN JETS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAGELLAN JETS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES AND INTERACTIVE FEATURES.
Limitation of Liability
IN NO EVENT SHALL MAGELLAN JETS, ITS OFFICERS, MEMBERS, USERS, MANAGERS, EMPLOYEES, OR AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DIGITAL SERVICES OR INTERACTIVE FEATURES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR DIGITAL SERVICES BY ANY THIRD PARTY, (VI) FLIGHT SHARING, WHETHER COORDINATED THROUGH THE DIGITAL SERVICES, INTERACTIVE FEATURES OR OTHERWISE, AND (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL SERVICES OR INTERACTIVE FEATURES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE LIABILITY OF MAGELLAN JETS, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, SUCCESSORS OR ASSIGNS EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE ANNUAL DUES PAID BY MEMBER FOR THE YEAR IN WHICH THE EVENT GIVING RISE TO LIABILITY OCCURRED, IF ANY, OR (B) US $1000.
Security And Usage Restrictions
You agree not to circumvent, disable or otherwise interfere with the security and functionality of the Digital Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Digital Services or the content therein.
You will not use the Digital Services in any manner that could disable, overburden, damage or impair the Digital Services, or interfere with any other party’s use of the Digital Services, including their ability to engage in real time activities through the Digital Services. You will use the Digital Services only for personal, non-commercial use.
You will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the website or its content.
You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Services, the server on which the Digital Services are stored, or any server, computer or database connected to the Digital Services.
You will not attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack.
Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your Magellan Jets account or in termination of your license to use the Digital Services or Magellan Jets’s other services.
Links/Third Party Websites
The Digital Services may contain links to third party websites that are not owned or controlled by Magellan Jets. A link to a non-Magellan Jets Digital Service does not mean that Magellan Jets endorses or accepts any responsibility for the content, or the use, of such website. Magellan Jets has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
Intellectual Property
Magellan Jets and the Magellan Jets logo are service marks, trademarks, and/or trade dress of Magellan Jets or otherwise proprietary to Magellan Jets and may not be used by you for any reason other than as expressly permitted by these Terms of Service. “Magellan Jets,” and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names, trade dress or other intellectual property of Magellan Jets in the U.S. and potentially other countries. Magellan Jets’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Magellan Jets.
The Digital Services and its entire contents, features and functionality (including but not limited to all information, content, software, APIs, interfaces, text, graphics, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Magellan Jets, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.
You have the right to use, view, electronically copy, and print in hard copy, portions of the Digital Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any of the material on the Digital Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser or app for display enhancement purposes.
- You may view, make one electronic or hard copy for each flier, and a reasonable number of backup copies, of any booking information or communications solely for your personal use, but not for sharing with others over the Internet or through social media or in any form.
- You may download, install and use the Magellan Jets App in accordance with these Terms of Service on a compatible mobile telephone or handheld device, with Internet access, and meeting the necessary minimum specifications.
- If we provide social media or additional sharing features with certain content, you make take such actions as are enabled by such features, provided you comply with all additional requirements to use such features.
You must not:
- Modify copies of any materials from the Digital Services.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Digital Services.
- Access the Digital Services except through the interfaces expressly provided by Magellan Jets, such as its mobile application.
Any other use of materials on the Digital Services or any Magellan Jets intellectual property not expressly permitted by these Terms of Service, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Magellan Jets, is strictly prohibited. Such unauthorized use may violate copyright, trademark and other laws and subject you to legal action.
No right, title or interest in or to the Digital Services or any content on the Digital Services is transferred to you, and all rights not expressly granted in these Terms of Service are reserved by Magellan Jets.
Monitoring and Enforcement
We have the right to:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any Magellan Jets User, users of the Digital Services or the public, or could otherwise create liability for Magellan Jets.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services. YOU WAIVE AND HOLD HARMLESS MAGELLAN JETS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MAGELLAN JETS OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MAGELLAN JETS, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all User Contributions or other material or content posted by third parties before it is posted on the Digital Services, and cannot ensure prompt removal of objectionable material after it has been posted. Although Magellan Jets may, from time to time, monitor or review discussions, chats, postings, transmissions, and other user-generated pages, we are under no obligation to do so. Accordingly, we assume no liability for any action or inaction regarding such User Contributions or other material or content. We do not control the information available on the Digital Services and all opinions, advice, services, offers or other information or content disseminated through the Digital Services are those of their respective authors, including users, who are solely liable for their content.
Notices
You agree that we may provide notices to you, including changes to these Terms of Service and/or the Privacy Policy, in any one of the following ways: (a) a banner or pop-up notice on one or more of the Digital Services, or (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail.
Assignment / Third Parties
The Terms of Service and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Magellan Jets without restriction.
Governing Law, Venue and Jurisdiction
The Terms of Service and Privacy Policy shall be governed by the substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and Magellan Jets that arises in whole or in part from the Digital Services shall be decided exclusively by binding arbitration or a court of competent jurisdiction, in accordance with the “Arbitration” section above, located in the State if Massachusetts. You hereby consent to, and waive, all defenses of lack of personal jurisdiction over you and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.
Arbitration
YOU AND MAGELLAN JETS AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND/OR THE DIGITAL SERVICES SHALL BE FINAL AND BINDING ARBITRATION.
Either Magellan Jets or you may demand that any dispute between Magellan Jets and you arising out of or relating to the Digital Services must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in the State of Massachusetts, provided that the foregoing shall not prevent Magellan Jets from seeking injunctive relief in a court of competent jurisdiction. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
Entire Agreement
These Terms of Service, together with your applicable Operative Agreement (and any terms and conditions referenced therein), the Privacy Policy (each as amended from time to time) and any other legal notices published by Magellan Jets pursuant to the Notices provision, shall constitute the entire agreement between you and Magellan Jets concerning your use of the Digital Services. If any provision of these polices or notices is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service and/or Privacy Policy, which shall remain in full force and effect. No waiver of any term of these Terms of Service or Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Magellan Jets’s failure to assert any right or provision under the Terms of Service or Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Service may change from time to time. When accessing the Digital Services, you may be invited to review and accept material changes to the Terms of Service.
YOU AND MAGELLAN JETS AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE DIGITAL SERVICES MUST COMMENCE IN THE AFOREMENTIONED ARBITRAL FORUM WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Legal
Magellan Jets acts as agent for the Magellan Jets Users, and is not the operator of the program aircraft; FAA licensed and DOT registered air carriers participating in the program exercise full operational control of the program aircraft. Any aircraft owned or leased by Magellan Jets are dry leased to the operating air carrier to facilitate operations by that carrier.
THIRD PARTY HOSTING
The Magellan Jets Website is hosted by a third-party vendor, Amazon Web Services, Inc. Use of your Personal Information is also subject to our hosting vendor’s policies. To review this vendor’s policies regarding your Personal Information, please visit https://aws.amazon.com/privacy. To review this vendor’s Terms of Service please visit https://aws.amazon.com/service-terms. The Magellan Jets App is offered subject to the various terms and conditions of the mobile application platforms through which it is offered.
Questions
To ask questions about these Terms of Service, please contact us at [email protected].