Aircraft Scheduling Terms Of Service:
By using our system to are implying that you agree to our terms of use and conditions below:
Terms Of Use & Conditions
The following Conditions & Terms of service may be updated by Hold Short Systems (referred to as HSS from hereon) from time to time, every effort will be made to notify you of any changes by email. HSS does not guarantee you receive such emails, therefore you should review the terms of conditions periodically for changes at: HSS TOS Page. In addition, when using particular HSS services, you and HSS shall be subject to any guidelines and rules applicable to such services which may be posted by HSS from time to time. All such guides and rules are hereby incorporated by reference into these terms and conditions . In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying these terms and conditions to that part, but to the extent of any inconsistency between these terms and conditions and any guide or rule, these terms and conditions will prevail.
DESCRIPTION OF SERVICE
HSS currently provides users with access to an online booking system that can be configured and maintained by the users (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these terms and conditions. You acknowledge and agree that the Service is provided "AS IS" and that HSS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information the user submits to the Service.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HSS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HSS has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
MEMBER CONDUCT
You acknowledge that all information, data, and text ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not HSS are entirely responsible for all Content that you post, or otherwise transmit via the Service. HSS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HSS be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service. You agree to not use the Service to:
- post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Fill the service database with irrelevant information or junk or otherwise act in a manner that negatively affects other users' ability to use this Service effectively.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users.
You acknowledge that HSS does not pre-screen Content, but that HSS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, HSS and its designees shall have the right to remove any Content that violates these terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or displayed by HSS or submitted to HSS. You acknowledge and agree that HSS may preserve Content and may also disclose Content (a) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (b) comply with legal process; (c) enforce these terms and conditions; (d) respond to claims that any Content violates the rights of third-parties; or (e) protect the rights, property, or personal safety of HSS its users and the public. You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. HSS reserves the right to terminate your access to all parts of its Service if you withdraw your consent in this paragraph at any time.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom and the country in which you reside (if different from the aforementioned).
INDEMNITY
You agree to indemnify and hold HSS, it's directors, secretaries and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HSS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that a database or organization will be retained by the Service if unused. You agree that HSS has no responsibility or liability for the deletion or failure to store any information you submit, maintained or transmitted by the Service. You acknowledge that HSS reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that HSS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
HSS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In the case of such a change, HSS will attempt to notify you by email, giving 30 days notice. You agree that HSS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that HSS in its sole discretion, may terminate your password or account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if HSS believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. HSS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this CTS may be effected without prior notice, and acknowledge and agree that HSS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Service. Further, you agree that HSS shall not be liable to you or any third-party for any termination of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HSS has no control over such sites and resources, you acknowledge and agree that HSS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HSS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
HSS'S PROPRIETARY RIGHTS
You agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HSS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HSS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- HSS MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HSS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN these terms and conditions.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HSS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE CTS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE CTS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF HSS
NOTICE
Notices to you may be made either email or regular mail. The Service may also provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
HSS, the HSS logo, HSS Help Icon are trademarks of Hold Short Systems Inc. (the "HSS Marks"). Without HSS's prior permission, you agree not to display or use in any manner, the HSS Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
HSS respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please email reporting the abuse on at abuse@holdshort.com.
GENERAL INFORMATION
These CTS (including the guides and rules referred to herein) constitute the entire agreement between you and HSS and govern your use of the Service, superseding any prior agreements between you and HSS. these terms and conditions and the relationship between you and HSS shall be governed by the laws of England. You and HSS agree to submit to the exclusive jurisdiction of the English courts. Any failure by HSS to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of these terms and conditions to HSS via e-mail at abuse@holdshort.com.
|