Cabinair Temp

TERMS AND CONDITIONS OF USE

This User Agreement ('Agreement') is a contract between you and CabinAirTemp and applies to your use of CabinAir Temp's services. You must read, agree with and click to accept all of the TERMS AND CONDITIONS OF USE contained in this Agreement before purchasing. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it.

Our relationship with you.

1.1

CabinAir Temp is only a networking and informational directory service provider. CabinAir Temp helps you network with other private aviation professionals and to remain informed of the latest information regarding services used in our industry. CabinAir Temp is independent from all members and from all vendors listed or advertised, for all purposes. CabinAir Temp does not have control of or liability for the products or services that are listed, described, advertised or otherwise mentioned with our Service. We do not guarantee the goods or services advertised or recommended or the accuracy of the information provided, as we have no control over those goods, services, or advertisements. CabinAir Temp will do its best to maintain updated and accurate listings, advertisements and contact information but is not liable for inaccuracies.

1.2

Your Privacy. Protecting your privacy is very important to CabinAir Temp. CabinAir Temp will not transfer, sell or otherwise disclose your private information to any third party.

1.3

Privacy of Others. If you receive Information about another CabinAir Temp member through the Service, you must keep the information confidential and only use it in connection with the Service. You may not disclose or distribute a CabinAir Temp User's information to a third party or use the information for marketing purposes unless you receive the User's express consent to do so.

1.4

Intellectual Property. "CabinAir Temp.com", "CabinAir Temp", and all related logos, products and services described in our website are either trademarks or registered trademarks of CabinAir Temp or its licensors. You may not copy, imitate or use them without CabinAir Temp's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CabinAir Temp. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by CabinAir Temp through our merchant services without prior written consent for the purpose of directing web traffic to the Service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to CabinAir Temp or the Service or display them in any manner that implies CabinAir Temp's sponsorship or endorsement.

1.5

Assignment and Password Sharing. You may not transfer or assign any rights or obligations you have under this Agreement, including the use of your CabinAir Temp password, without CabinAir Temp's prior written consent. CabinAir Temp reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

1.6

Notices to You. You agree that CabinAir Temp may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three business days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting CabinAir Temp as described in section 1.7 below. CabinAir Temp reserves the right to close your Account if you withdraw your consent to receive electronic communications.

Debit Card Processing. CabinAir Temp will process your debit card transactions through either the ATM debit network or the Visa/MasterCard network.

Your Liability - Actions We May Take.

3.1.

Your Liability. You are responsible for all liability incurred by CabinAir Temp or a third party caused by or arising out of your breach of this Agreement, and/or your misuse of the services. You agree to reimburse CabinAir Temp, a CabinAir Temp sser, or a third party for any and all such liability arising out of your misuse of this service, whether negligent or intentional.

3.2.

Actions by CabinAir Temp. If we have reason to believe that you have engaged in any intentional or negligent misuse of these services, we may take various actions to protect CabinAir Temp, a CabinAir Temp user, a third party, or you from any and all liability. The actions we may take include but are not limited to the following:

3.2.1.	We may close, suspend, or limit your access to CabinAir Temp’s website and services.
3.2.2.	We may contact buyers and sellers who have purchased goods or services from you, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
3.2.3.	We may update inaccurate information you provided us;
3.2.4.	We may refuse to provide our services to you in the future;
3.2.5.	We may take legal action against you.
3.2.6.	CabinAir Temp, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the service for any reason and at any time upon notice to you.

Dispute Resolution

4.1.

Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

4.2.

Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 4.1 above, you agree that any claim or dispute you may have against CabinAir Temp must be resolved by a court located in the State of Florida. You agree to submit to the personal jurisdiction of the courts located within the State of Florida for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions.

4.3.

Improperly Filed Litigation. All claims you bring against CabinAir Temp must be resolved in accordance with section 4 of this Agreement. All claims filed or brought contrary to section 4 shall be considered improperly filed a breach of this Agreement. Should you file a claim contrary to section 4, CabinAir Temp may recover attorneys fees and costs (including in-house attorneys and paralegals) up to $10,000.00 USD, provided that CabinAir Temp has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 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. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES, AND IS HEREBY SPECIFICALLY DISCLAIMED TO THE EXTENT POSSIBLY BY LAW.

No Warranty. No Refunds. CABINAIR TEMP, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CABINAIR TEMP, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THERE WILL BE NO REFUNDS OF ANY AMOUNTS PAID TO OR RECEIVED BY CABINAIR TEMP. CabinAir Temp does not have any control over the products or services that are advertised by its service and CabinAir Temp cannot ensure that a buyer or a seller you are dealing with will actually meet your expectations or the expectations which may or may not be expressed in its advertisements appearing on CabinAir Temps website, or otherwise. CabinAir Temp does not guarantee continuous, uninterrupted or secure access to any part of our service, and operation of our site may be interfered with by numerous factors outside of our control. CabinAir Temp will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but CabinAir Temp makes no representations or warranties regarding the amount of time needed to complete processing because our service is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

License Grant. CabinAir Temp and its licensors grant you a limited nonexclusive license to use CabinAir Temp’s software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease, share your password, or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all CabinAir Temp documentation accompanying the services. If you do not comply with CabinAir Temp’s implementation and use requirements you will be liable for all resulting damages suffered by you, CabinAir Temp and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to CabinAir Temp’s software are owned by CabinAir Temp.

Indemnification. You agree to defend, indemnify and hold CabinAir Temp, its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

10.

Release of CabinAir Temp. If you have a dispute with one or more users or advertisers, you release CabinAir Temp (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent allowable in your state, this general release extends to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him or her must have materially affected his settlement with the debtor.

11.

Complete Agreement. This Agreement sets forth the entire understanding between you and CabinAir Temp with respect to the Service. All terms of this agreement, which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision or the strikable portion thereof, shall be struck and the remaining provisions and portions of provisions shall be enforced.