BetaJet, LLC Reservation Terms and Conditions

The following Reservation Terms & Conditions (“Reservation Terms”) are between you, or the company you represent (“Purchaser”), and BetaJet, LLC (“BetaJet”) govern the placing of Reservation offers (“Reservation”) with BetaJet for the T1 (“Product”).  By placing a Reservation, Purchaser represents and warrants that it has read, understands, and agrees to be legally bound by these Reservation Terms, as well as BetaJet’s Privacy Policy and Terms of Use.  These Reservation Terms shall be controlling in the event of any conflict, inconsistency, or difference with BetaJet’s Privacy Policy or Terms of Use, except to the extent such documents indicate an express intention to supersede these Reservation Terms.

1.  Reservation Offers.  When Purchaser submits a Reservation for the Product, it is making an offer to reserve the Product.  The Reservation is considered complete upon provision of a valid shipping address to BetaJet.  BetaJet may reject any and all Reservations, for any reason whatsoever and at its sole discretion, prior to the shipping of the Product.  If BetaJet rejects Purchaser’s Reservation, the sole and exclusive remedy shall be a refund of the Purchase Price (defined below).  BetaJet will inform Purchaser once the Product is ready to ship at the provided email address if the Reservation has been accepted or declined.  BetaJet’s acceptance of Purchaser’s Reservation is conditioned expressly upon Purchaser’s acceptance and agreement to be legally bound by each and every term and condition included in these Reservation Terms, as well as BetaJet’s Privacy Policy and Terms of Use.  Purchaser’s payment for the Product constitutes acceptance of these Reservation Terms as well as BetaJet’s Privacy Policy and Terms of Use, which are controlling regardless of any inconsistent or additional terms and conditions sent by Purchaser to BetaJet or which could otherwise be considered established by (i) course of dealing; (ii) course of performance; or (iii) usage of trade, unless explicitly agreed to otherwise, in writing, by BetaJet, as a waiver or modification.    

2.  Eligibility.  In order to place a Reservation for the Product, you must warrant and represent that:   

2.1 You are over the age of 18;

2.2 You will not disassemble or reverse engineer the Product;

2.3 You are not located in a country prohibited from purchasing goods and/or services from the United States, including any embargoed country or terrorist supporting country, as defined by the United States Government;

2.4 You will not use the Beta Materials for any illegal purpose, including but not  limited to any use that violates the intellectual property rights of BetaJet or any third-parties and you understand that performing such an illegal action can subject you to criminal and/or civil liability; and that your use of the Product will comply with all applicable export control laws and regulations.

2.5 You agree to be bound by BetaJet’s Privacy Policy and Terms of Use.

3.  Payment.  BetaJet will charge Purchaser the purchase price for the Product, which includes shipping costs and taxes (where applicable) (“Purchase Price”) when the Reservation is placed.  By placing a Reservation, Purchaser is expressly consenting to BetaJet charging the provided payment method at the time such Reservation is placed.  However, payment does not guarantee BetaJet’s acceptance of your Reservation offer.  Payment must be received in full, including shipping charges and taxes, where applicable, before BetaJet will accept your Reservation and/or tender to carrier for shipment.

4.  Reservation Specifications. The Product’s specifications may change between the time the Reservation is submitted and the time the Product is ready to be shipped. BetaJet will make reasonable efforts to update Purchaser in the event the Product specifications change.  If, due to changes in the Product’s specifications, Purchaser no longer desires the Product, Purchaser must notify BetaJet prior to BetaJet’s acceptance of Purchaser’s Reservation.  

5.  Refunds.  All reservations are final and cannot be refunded.

6.  Shipping.  Purchaser understands that the Product is not yet ready to be shipped.  The Product is expected to be ready for shipping by August, 31, 2018.  If the Product is not ready for shipping by that date, BetaJet will inform Purchaser of a revised date and offer the opportunity for a refund of the Purchase Price.  It is Purchaser’s responsibility to ensure that the provided shipping address remains current.  BetaJet will not be liable for any failure to update the shipping address.  Please contact info@betajet.com to update the shipping address.

7.  Intellectual Property.  BetaJet owns, or is the authorized licensee of, all intellectual property rights in the Product and the Site.  By placing a Reservation, Purchaser agrees not to infringe upon BetaJet’s intellectual property rights.  BetaJet is not responsible for any use of the Product which infringes upon the intellectual property rights of any third-party.  Purchaser agrees to fully indemnify BetaJet from any claims, demands, lawsuits, damages, or any similar event should it use the Product to infringe upon the intellectual property rights of any third-party.

8.  Limitation Of Liability.  Unless prohibited by applicable law, BetaJet, and its officers, employees, agents, and assigns, shall not be liable for personal injury, incidental, special, indirect, and/or consequential damages arising out of or related to Purchaser’s Reservation or use of the Product, however caused and irrespective of the theory of liability.  In any event, BetaJet’s total liability for all damages shall not exceed the Purchase Price and, further, the foregoing limitations on liability will apply even if the above stated remedy fails of its essential purpose.

9.  Force Majeure.  Should an event occur that is beyond the control of either party, including but not limited to, an Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside either party’s control, which could not have been reasonably foreseen, neither party shall be liable to the other for such an occurrence for any failure to perform any obligations under these Reservation Terms or any other agreement between Purchaser and BetaJet provided that a party, if affected by such an event, shall inform the other party and comply, to the maximum extent possible, with these Reservation Terms and any other agreement between the parties.  

10.  Privacy. Any information you provide in connection with your Reservation offer, as well as any information you provide subsequent to your Reservation offer is subject to BetaJet’s Privacy Policy.   

11.  Modification.  BetaJet reserves the right to modify these Reservation Terms, or any other agreement between you and BetaJet, as BetaJet sees fit and in its sole discretion, and it is your responsibility to periodically review this Agreement for changes.  In the event that such a change modifies any obligations in a material manner, Purchaser must accept such revised Reservation Terms in their modified form for a Reservation offer to remain in effect.  Changes that do not materially modify any obligations are effective upon publication.  In the event there is a dispute concerning events arising under these Reservation Terms, such disputes shall be resolved in accordance with the version of the Reservation Terms in effect at the time the dispute arose.

12.   Dispute Resolution.  In the event that any dispute arises out of, or related to, these Reservation Terms or any other agreement between the parties, or the breach thereof, Purchaser agrees to attempt to resolve the dispute by first negotiating with BetaJet in good faith.  If the dispute cannot be resolved through good faith negotiation, the parties agree to then submit the dispute to a mutually agreed-upon mediator in an attempt to resolve the dispute.  The process for selecting a mediator shall be as follows: Purchaser shall submit a list to BetaJet containing the names, contact information, and website addresses, if available, of three (3) certified mediators.  BetaJet shall select one mediator from the provided list of mediators and such chosen mediator will mediate the dispute on a mutually agreed-upon date and time, provided that the mediation must occur within a seventy-five (75) mile radius from Athens, Georgia.  The parties agree to evenly share in the cost of the mediation.

13.  Governing Law.  This Agreement, and any other agreement entered into between the parties, shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to conflicts of laws principles, except to the extent that United States federal law preempts Georgia law, in which case United States federal law will apply, without reference to conflicts of law principles.

14.  Venue and Jurisdiction.  All claims, disputes, controversies whatsoever arising out of or related to this Agreement or any other agreement between you and BetaJet shall be commenced, filed, and litigated, subject to the provisions and pre-requisites of this Agreement, before a court of competent jurisdiction in Athens, Georgia.  Purchaser agrees, acknowledges, and submits to the personal jurisdiction of the courts of Athens, Georgia, and any appellate courts therefrom, and waive any objection on the grounds of lack of personal jurisdiction, forum non conveniens, venue, or otherwise, to the exercise of jurisdiction over it by any such courts.

15.  Severability.  If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, such determination shall have no effect on the remainder of the terms of this Agreement and such remaining terms in this Agreement shall continue in full force and effect.

16.  Electronic Communications.  By placing a Reservation offer, Purchaser is expressly giving BetaJet permission to communicate via electronic means and it agrees that all such electronic communication, including without limitation, terms and conditions, agreements, notices, and disclosures, comply with any legal requirements to the same extent as if such communications were provided in writing.  

17.  Headings.  The headings contained in this Agreement are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of this Agreement and do not in any way effect its provisions.

18.  BetaJet Contact.  Should you have any questions regarding this Agreement or would like to contact BetaJet for any other reason, BetaJet’s address is BetaJet, LLC, 585 BARBER ST STE G, Athens, GA, 30601