Terms last updated January 29, 2019.
The below terms and conditions are what you agree to by using jetlistings.com which shall be referred as JetListings or the company in this document going forward. The users of the website are referred to as users or you or customers in this document. If you do not agree to these terms cease using the website immediately and delete any data you received from it.
Usage & Membership Privileges
No employee, independent contractor, agent, or affiliate of a competing aircraft listing information service is permitted to access the JetListings website without express written permission from JetListings, and by registering for a membership or using the website, you represent and warrant that you are not a competitor of JetListings or acting on behalf of a competitor of JetListings in registering for and accessing the Service. Membership privileges are granted by JetListings to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of JetListings. By using the website or completing the registration process, User represents and warrants that the information provided is true, accurate, complete and current.
JetListings requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the JetListings system. Members are not permitted to share their individual login information with others. JetListings has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the JetListings website, or abuses their rights related to the JetListings service.
JetListings utilizes email as a vital and primary communication channel with users. As a registered user, Users hereby acknowledge and grant JetListings the permission to communicate with users via email (as well as other communication channel such as phone and fax) for any purposes JetListing determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. JetListings will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will JetLisitngs have any liability for sending any email to its registered users/users. By becoming a member of JetListings you acknowledge and agree that JetListings and its corporate affiliates, employees or agents, may record telephone and other electronic communications it has with you for JetListings or such internal business purposes.
Submission and Administration of Aircraft Listings
Certain users have had and shall have the opportunity to submit to JetListings aircraft descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in JetListings. Any user that signs up for a listing account or requests that jetlistings list their aircraft authorize JetListings to retrieve this aircraft listing content from the submitting individual, company or organizations website. In the event that the website directs through redirect or iframe visitors to a third party website the users authorizes JetListings to retrieve that content. Aircraft content posted to the users website or linked from their website through a third party shall her in be referred to as Posted Content. Posted content are aircraft descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “posted content”) If a user does not authorize jetlistings to use posted content then the user shall notify Jetlistings in writing before the user signs up for a listing account or requests that its aircraft be uploaded. These submissions may be paid or free listings.
You represent and warrant that (a) you own or have the full right, power and authority to grant to JetListings use of and rights in and to all Submitted Content or Posted content to your website or refenced from your website to the website of another listing service or that you upload, post, e-mail or otherwise transmit to JetListings; (b) your license of such content to JetListings hereunder does not, and the use or license of such content by JetListings to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted and Posted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, JetListings acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted and Posted Content. You nonetheless grant JetListings and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted and Posted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Submitted content or posted content may be used on other websites by Jetlistings under its sole discretion such as submitting listings to third party social media sites like Facebook, Twitter, Linkedin or any other site Jetlistings deems appropriate. You further acknowledge and agree that JetListings may preserve any such Submitted and Posted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by JetListings and its affiliates). Jetlistings periodically checks the websites of users with listing accounts as it knows that information changes and brokers or owners may not always have time to update the JetListings. By signing up for a listing account the owner authorizes JetListings to collect information on the brokers websites and treat it as submitted content as defined above..with all the rights mentioned above. User agrees not to submit to Jetlistings or post any content to their website further as Submitted or Posted Content to JetListings unless the user has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the User’s website or on JetListings website. If a user does list something on its website that it does not have rights as submitted content then it is the users responsibility to immediately notify jetlistings in writing to not include that aircraft on its site. Specifically the user needs to send a letter to the physical address posted on the website for each aircraft that needs to be removed and the reasons. Users will not submit a photograph if Users received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the JetListings website. Users may only submit videos personally created by User or Users’s direct employees. Users may not upload or otherwise submit videos created or produced by third party video tour providers. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Users who are alleged to have submitted property listings, Submitted Content, Posted Content or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active aircraft listings on the JetListings website. User shall not use robot, spider or other automated service to submit listings on the JetListings website. Additionally, the User agrees to allow submitted aircraft listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website, the JetListings website and other JetListings partner or affiliate websites, apps or products. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the JetListings website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. Listings that are not modified or renewed within a 30-day period may be changed to “Pending” and are no longer viewable on Jetlisting.com. The User (a) represents and warrants that all aircraft and associated information provided by the User, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the public JetListings marketplace under a name other than the individually named aircraft broker or company that has been engaged by the aircraft owner to market the aircraft under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the aircraft provided by the User and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the aircraft listings posted on the JetListings website. The User is entirely responsible, and Company accepts no responsibility, for the Submitted Content and Posted Content from the User. It is important that a user who has submitted or posted aircraft on the site to respond to other users of the website requesting information and any user that submits or posts content agrees to respond to all valid inquiries sent through jetlistings.com. Jetlistings reserves the right to confirm that a user is responding to the site by using secret shoppers to verify the user listing the aircraft is actively managing the aircraft. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to JetListings. JetListings may add digital watermarks to certain parts of your property listing, including photographs. We may add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that JetListings may adjust portions of the information contained within the Service (e.g., within aircraft listings). Any such adjustments will have no material impact on the meaning and interpretation of aircraft listings, but will serve as a means of uniquely identifying the aircraft listings as having been supplied to the User.
Use of Information
User agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to User in the Service (individually and collectively, the “Content”) as proprietary to JetListings. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of JetListings. JetListings does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
Any and all Content offered by JetListings to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY JETLISTINGS, USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of active aircraft listings, member directory, JetListings Market Trend Reports, Aircraft Facts, and Aircraft information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the JetListings Service as part of any effort to compete with JetListings, including without limitation using the JetListings Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential JetListings user, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the JetListings Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy JetListings products, services or information; decompile, decode or reverse engineer JetListings software; or use JetListings products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Passwords/Logins
Members, registered users and Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Jetlistings is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of User’s Business
If User or an Affiliate of User owns aircrafts and intends to market them directly via the public JetListings marketplace, such User represents to JetListings that it either (a) markets, using its own facilities, those aircrafts which it owns and controls, or (b) markets aircrafts for third parties where such third party brokerage services.
Payment Terms
User agrees to pay for all products ordered through the JetListings website or via the JetListings sales team using the payment method indicated, and provides JetListings express authorization to charge said fees to the User’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of JetListings products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, JetListings may immediately cease to provide any and all Deliverables to the user. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At JetListings option, User shall pay such taxes or fees directly or pay to JetListings any such taxes or fees immediately upon invoicing by JetListings t. JetListings is required to collect sales tax on purchases in Texas. Recurring charges may include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Account. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions will automatically renew using the User’s current credit card account number unless User or JetListings cancels their subscription three (3) days prior to the renewal date. User cancellations shall be placed on the JetListings Website Here. All other subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless User or JetListings provides three (3) days’ advance notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by User will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the user’s email account on record with JetListings.
If User has a question about a cancellation, User should contact Jet Listings Client Services at admin@jetlistings.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Users of any such changes.
It is the User’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Profile” tab within the account section, once User has logged into www.JetListings.com. JetListings does not validate all credit card information required by the User’s payment provider to secure payment.
The User must notify JetListings about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to JetListings attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (Spam)
JetListings prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the Email The Broker, Email a Friend service, or other email services that JetListings offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using JetListings, User agrees to send email only to those who have given User consent or with whom User has an established business relationship. JetListings has the right to revoke the privileges of any user or company that breaches these terms.
Termination
JetListings reserves the right to terminate or suspend a User’s membership upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of JetListings services, nonpayment of fees owed by you in connection with JetListings or its affiliates’ services, account inactivity or technical or security issues. Upon termination, JetListings shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
JetListings retains all rights (including Intellectual Property Rights as defined below), title and interest in the JetListings Website, technology and brochures, Email Alert database, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of JetListings technology or delete or alter author attributes or copyright notices. User shall use the JetListings system solely for their own individual use and shall not share passwords with others or allow others to use the JetListings system under or through that User’s login ID/email and password; nor shall User use the JetListings system to list properties or conduct searches on behalf of other non-user brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL JETLISTINGS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF JETLISTINGS SERVICES, PRIVATE LISTING FUNCTIONALITY OR USER’S FAILURE TO KEEP USER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and JetListings entire liability under this Agreement shall be a refund to User of the fees paid to JetListings hereunder, and in no event will JetListings liability for any reason exceed such fee. JetListings (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify JetListings (and JetListings officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Warranty Disclaimers
THE LISTINGS, SERVICE, AIRCRAFT FACTS INFORMATION, JETLISTINGS MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JETLISTINGS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR JETLISTINGS MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND JETLISTINGS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. JETLISTINGS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO JETLISTINGS SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM JETLISTINGS WEBSITE , INCLUDING LISTINGS, SERVICE, AIRCRAFT FACTS INFORMATION, JETLISTINGS MARKET TREND REPORTS IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JETLISTINGS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Other Rights of JetListings
User agrees that JetListings shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by JetListings users and partners. JetListings shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. JetListings shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. JetListings reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on JetListings corporate website, located at https://www.jetlistings.com/terms-and-conditions/
Claims of Copyright Infringement
If you believe that your work has been copied onto JetListings in a way that constitutes copyright infringement, please provide JetListings registered the written information specified below:
A description of the copyrighted work that you claim has been infringed;
Identification of the material you claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Address for JetListings:
JetListings.com
527 21st Street #359
Galveston Texas 77050
Email: admin@jetlistings.com
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying JetListings that your copyrighted material has been infringed.
Brokers and Agents
Any User who identifies himself or herself as a broker or agent on the JetListings website member registration form or otherwise purports to be a broker on JetListings.
Governing Law
This Agreement, and the Deliverables provided by JetListings, shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Galvaston County, Texas for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted here under may not be assigned, sub-licensed or otherwise transferred by User without the prior written consent of JetListings, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of JetListings to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at JetListings.
Waiver of Claims against JetListings
Any User, individual or entity that violates any term of this Agreement is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, terms of use and terms of service, asserted by such User, individual, entity, or any affiliate thereof, as binding upon JetListings or any of its affiliates.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.