Your use of Journey Aviation, Inc.’s website is governed by these Terms of Use (these “Terms”). Hereinafter, Journey Aviation, Inc. is referred to as “JA,” “we,” “us” or “our.” By accessing this website, you agree to strictly abide by these Terms. If you do not agree with any of these Terms, please do not use this website. Your continued use of this website will is deemed to constitute your agreement to these Terms.

1. Terms

These Terms, together with our Privacy Policy, sets forth the terms and conditions under which we make our website available to you. In the event these Terms conflict with the Privacy Policy, these Terms supersede and control.

2. Ownership

JA owns and retains all intellectual property rights to this website and to its intellectual property displayed on this website, including, without limitation, JA’s trademarks and copyrights. Such intellectual property is protected by federal and state laws. No content on the website may be reproduced or used without the written consent of JA.

3. Access to Website

Your use of this website must be in accordance with any and all procedures, forms, formats, displays, and operating times as may be determined, specified, or modified by JA. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use this website. We do not charge fees at this time for using this website.

4. Linking

You may not link to any part of this website without the prior written consent of JA.

5. Third Party Websites

This website contains, as a convenience to you, content, links and other information submitted by or referring to third parties over whom JA has no control or responsibility. JA has no obligation or responsibility to verify, monitor, control, supervise or otherwise screen the content contained on third party websites that are linked to this website. JA is not responsible for the accuracy, compliance, legality, decency or other aspect of the content of such third party websites. The inclusion of a link to a third party on this website does not imply an endorsement by JA of such link or the content contained on such website.

6. Disclaimer of Warranties

JA disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed by using this website. JA disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through this website.

THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. JA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. JA DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE. JA DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEBSITE. JA DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHER MATERIAL OR DATA OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JA (INCLUDING JA’S PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THIS WEBSITE ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF JA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS WEBSITE, FROM INABILITY TO USE THIS WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THIS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

8. Acts of God, Etc.

Without limiting the foregoing, under no circumstances shall JA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

9. Indemnification

You shall defend, indemnify, and hold harmless JA and its principals, directors, officers, employees and agents from any demands, claims, damages, liabilities, expenses, or harms, including attorneys’ fees, arising in connection with your use of this website, online conduct, breach of these Terms or dealings or transactions with other persons resulting from use of this website.

10. Release and Waiver

To the maximum extent permitted by law, you hereby release and waive all claims against JA and its principals, directors, officers, employees, and agents from any and all liability for claims, damages (actual and consequential), costs, and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of this website. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

11. Modification of Terms

These Terms and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time. You are advised to review these Terms periodically. Your continued use of this website after any modification of these Terms shall constitute your acceptance of the modified Terms. If any term or provision of these Terms is found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms, or the whole of these Terms, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms shall survive termination of this website, any use by you of this website or these Terms.

12. Infringement

JA only responds to allegations of infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C.A. § 512, et seq.

13. Dispute Resolution; Applicable Law

JA’s failure to act with respect to a breach by any user does not waive JA’s right to act with respect to subsequent or similar breaches. No provision of these Terms may be waived except by a writing signed by JA. These Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the conflicts of law provisions of Pennsylvania or any other jurisdiction. Any controversy or claim arising out of or relating to the use of this website and these Terms (including without limitation the Privacy Policy) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.