BetaJet, LLC Terms of Use

The following Terms of Use (“Terms”) are between you, or the company you represent, as an end-user (“User” or you”) of the BetaJet website, www.betajet.com (“Site”), and BetaJet, LLC (“BetaJet”) and is a legally enforceable agreement between BetaJet and you.  BetaJet provides certain services through the Site, including without limitation a quote engine to obtain quotes for the cost of custom molds and resin to be used in conjunction with BetaJet products, and offers to sell and ship BetaJet products (“Services”).  By using the Site and/or engaging in the Services, User agrees to be legally bound by these Terms.  In addition to these Terms, certain other aspects of the Site and Services are subject to additional terms and conditions, such as BetaJet’s Privacy Policy and Pre-Order Terms & Conditions.  These other policies are incorporated by reference to these Terms and by using the Site and/or Services, you are agreeing to be bound by these Terms and such other policies as they are applicable.

 

1.  License to Use Site.  BetaJet grants to User a non-transferable and non-exclusive license to use the Site and Services for permitted uses.

 

2.  Restrictions on Use.  User may not use the Site to: (a) license, sub-license, sell, transfer, or otherwise exploit the Site; (b) alter, make derivatives of, reverse engineer, or any similar activity with respect to any part of the Site; (c) use the Site in order to compete with BetaJet; (d) copy, distribute, display, or transmit any part of the Site; or (e) use the Site for any illegal purpose. (f) create any item, in whole or in part, that is subject to the International Traffic in Arms Regulations (ITAR) pursuant to 22 C.F.R. §§ 120-130; or (f) use the Site for any illegal purpose.

 

3.  Accounts.  User must register for a BetaJet account (“Account”) and provide certain information in that process.  User warrants the accuracy and truthfulness of provided Account information.  User is responsible for ensuring the security of Account log-in credentials and for all actions that take place by the Account.  User shall also immediately notify BetaJet of any suspected unauthorized conduct with respect to User’s Account.  BetaJet is not liable for any loss or damage arising from User’s failure to abide by the conditions contained within this Paragraph.

 

4.  Payments.  This Site uses Shopify to process payments, which are subject to Shopify’s Terms of Service and which are incorporated herein by reference.

 

5.  Consent to Use Personal Data.  By using the Site and/or Services, User understands and is agreeing to BetaJet’s collection and use of personal data in accordance with BetaJet’s Privacy Policy.

 

6.  Support and Maintenance.  BetaJet does not have any duty or responsibility to provide you with support regarding the Site or Services or to otherwise maintain the Site or Services.

 

7.  Ownership of Site and Services.  BetaJet is the owner or authorized licensee of all of the intellectual property rights associated with the Site and Services, including without limitation all copyrights, trademarks, patents, and trade secrets but excluding User Submitted Content, which is defined below.  By using the Site or Services, User does not obtain any interest in the intellectual property associated with the Site or Services and BetaJet reserves all rights not expressly granted herein.

 

8.  User Submitted Content.  User retains all intellectual property rights in “User Submitted Content,” which means all information, including content, submitted or otherwise used by User in connection with the Site or Services.  User is solely responsible for User Submitted Content and assumes all risks associated with the use of User Submitted Content, including without limitation its accuracy, usefulness, and the disclosure of any personally identifiable information associated with your User Submitted Content.  User warrants that its User Submitted Content does not violate any applicable laws or regulations and will not be used for any illegal or unlawful purpose.  While BetaJet may store information related to User Submitted Content, it is under no obligation to do so and BetaJet may delete any User Submitted Content at any time and without notice to User.  User’s risk associated with its User Submitted Content extends to any and all liability associated with such content, including liability associated with infringing upon the rights of third parties, including without limitation intellectual property rights such as patent, trademark, copyright, and trade secret rights.  

 

9.  Permitted Uses of Sites and Services.  User may not use the Site and/or Services to, directly or indirectly:

 

    9.1.  infringe upon the rights of any third parties, including without limitation copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other similar or related intellectual property or proprietary rights;

 

    9.2.  violate any laws or regulations, including without limitation, any use that is unlawful, amounts to harassment, is tortious, harmful, false, defamatory, misleading, libelous, pornographic, obscene, offensive, or is otherwise offensive to common decency and/or moral standards;

 

    9.3.  create weapons, illegal items, or any other objectionable content and/or items;

 

    9.4.  upload, disseminate, or otherwise transmit any computer viruses, worms, or any other software designed to damage or alter computer operating system(s) and/or data;

 

    9.5.  transmit unsolicited and/or unauthorized advertisements, promotional materials, or spam;

 

    9.6.  collect personal information of other users such as e-mail addresses, names, addresses, phone numbers without their prior consent;

 

    9.7.  interfere with or otherwise disrupt, in any way, servers or networks connected to the Sites and/or Services in a fashion that violates such servers’ or networks’ regulation, policies, and/or procedures;

 

    9.8.  interfere with other users’ use and enjoyment of the Site and Services;

 

    9.9.  upload, disseminate, or otherwise transmit any software or other forms of automation, including without limitation agents and scripts, that result in the creation of multiple accounts, automated searches, requests, and/or queries, or to strip, scrape, or mine information and/or data from the Sites and/or Services (but specifically excluding, on a revocable basis, the ability of public search engines to use spiders to copy information and/or data from the Sites and/or Services for the exclusive purpose of and only to the necessary extent for creating publically viewable and searchable indexes of such information and/or data while exempting from this revocable exclusion caches and/or archives);

 

    9.10.  link or otherwise associate content from your site, service, or platform to the Site and/or Services without BetaJet’s prior written consent.  

 

10.  Enforcement.  BetaJet reserves the right, but is under no obligation, to review User Submitted Content, including without limitation the right to review, investigate, evaluate, and/or take action against User for User Submitted Content that, in BetaJet’s sole opinion, is in violation of these Terms or raises the possibility of liability for BetaJet.  Actions BetaJet may take include, without limitation, the removal or modification of User Submitted Content, deletion of User’s Account, and/or reporting User’s actions to law enforcement.

 

11.  Indemnification.  User agrees to indemnify and hold harmless BetaJet, its officers, employees, and agents, including litigation costs, attorneys’ fees, and any other similar or related expense, from any and all claims, demands, lawsuits, or similar actions made by any third party due to or stemming from User’s use of the Sites and/or Services, User’s User Submitted Content, any action in nonconformity with these Terms, and any action in violation of applicable laws or regulations.  BetaJet may, but is not obligated to, assume exclusive control, at User’s expense, of any matter which requires indemnification.  User agrees to fully cooperate with BetaJet in the event that BetaJet elects to take control of such action and agrees not to settle or otherwise resolve any matter without BetaJet’s express written consent.  

 

12.  Release.  User hereby releases and discharges BetaJet, it officers, employees, agents, parents, affiliates, successors, and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with the Site and/or Services.  NOTE TO CALIFORNIA RESIDENTS:  USERS RESIDING IN CALIFORNIA HEREBY WAIVE THE PROVISIONS OF CAL. CIV. CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

13.  DISCLAIMERS.

    13.1.  THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND BETAJET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    13.2.  BETAJET MAKES NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, SECURE, OR TIMELY, OR WILL BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.

    13.3.  TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, BETAJET DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE SITE, SERVICES, OR OPERATION OF BETAJET PRODUCTS.

    13.4.  BETAJET TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO USER’S PROPERTY, INCLUDING COMPUTER VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING FROM USER’S USE OF THE SITE.

    13.5.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.

14.  LIMITATION ON LIABILITY.  

    14.1.  BETAJET SHALL NOT, IN ANY EVENT, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY (A) LOST PROFITS; OR (B) DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS, USER’S USE OF THE SITES AND/OR SERVICES.  ACCESS TO AND USE OF THE SITES AND SERVICES ARE AT USER’S OWN RISK AND DISCRETION.

    14.2.  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BETAJET’S TOTAL LIABILITY TO USER FOR ANY DAMGES STEMMING FROM OR OTHERWISE RELATED TO THESE TERMS, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE AMOUNTS PAID TO BETAJET IN THE TWELVE (12) MONTHS PRIOR TO THE ASSERTION OF SUCH CLAIM, DEMAND, OR OTHERWISE.  

    14.3.  USER AGREES THAT BETAJET’S SUPPLIERS WILL HAVE NO LIABILITY, OF ANY KIND WHATSOEVER, STEMMING FROM THESE TERMS.

    14.4.  THE FOREGOING LIMITATIONS ON LIABILITY APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    14.5.  CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15.  Term and Termination.  These Terms, shall remain in full force and effect throughout User’s use of the Site and Services.  BetaJet may, in its sole discretion, suspend or terminate User’s Account, for any reason whatsoever, and may, also in its sole discretion, terminate these Terms.  Termination of User’s Account does not relieve User of any other of User’s obligations contained within these Terms.  

16.  Intellectual Property Infringement.  BetaJet respects the intellectual property rights of others and will terminate Accounts that repeatedly infringe such rights.  BetaJet reserves the right to take down any data and/or information believed to, in BetaJet’s sole discretion, infringe upon third party rights.  

    16.1.  Reporting Alleged Copyright Infringement.  If you believe that a User is unlawfully infringing upon your copyright and wish to have the allegedly infringing or unauthorized content removed, please provide the following information in accordance with 17 U.S.C. § 512(c) in written form to BetaJet’s Designated Copyright Agent at:

        BetaJet, LLC Designated Copyright Agent

        345 West Hancock Avenue, 2nd Floor

        Athens, GA 30601

        email: info@betajet.com

 

    16.2.  Notices provided pursuant to this Paragraph must include the following information:

 

        1.  Your physical or electronic signature;

        2.  Identification of the work(s) or rights that you claim have been infringed;

        3.  Identification of the material on the Site or Services that you claim is infringing and are requesting to be removed;

        4.  Sufficient information to permit us to locate such allegedly infringing material, such as a URL;

        5.  Your address, telephone, number, and e-mail address;

        6.  A statement that you have a good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and

        7.  A statement that the information contained in the notice is accurate and, under penalty of perjury, that you are either the owner of the copyright that has been allegedly infringed or that you are authorized to act of behalf of the copyright owner.

 

    16.3.  Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notice subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by BetaJet in connection with your notice and allegation of copyright infringement.  

17.  Modification.  BetaJet may occasionally revise these Terms.  In the event BetaJet makes substantial changes to these Terms, BetaJet may notify User via email of such changes and/or by prominently posting notices of such revisions on the Site.  Revisions to these Terms are effective upon their publication and User’s continued use of the Site and/or Services is indicative of User’s acceptance of such revised Terms.   

18.   Dispute Resolution.  In the event that any dispute arises out of, or related to, these Terms or any other agreement between the parties, or the breach thereof, User 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: User 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.

 

19.  Governing Law.  These Terms, 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.

 

20.  Venue and Jurisdiction.  All claims, disputes, controversies whatsoever arising out of or related to these Terms or any other agreement between User and BetaJet shall be commenced, filed, and litigated, subject to the provisions and pre-requisites of these Terms, before a court of competent jurisdiction in Athens, Georgia.  User agrees, acknowledges, and submits to the personal jurisdiction of the courts of Athens, Georgia, and any appellate courts therefrom, and waives 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.

 

21.  Severability.  If any portion of these Terms are found to be unenforceable by a court of competent jurisdiction, such determination shall have no effect on the remainder of the Terms, which shall continue in full force and effect.

 

22.  Electronic Communications.  By creating an Account, User 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.  

 

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

 

24.  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, 345 West Hancock Avenue, 2nd Floor, Athens, Georgia, USA 30601.