TERMS AND CONDITIONS OF USE
1. About these Terms and Conditions
A. These Terms and Conditions ("Terms"), together with the charter and bylaws of VIP ONE, whose parent company is AIRIST JFK, Inc. ("VIP ONE"), set out the terms and conditions that will apply when You use the VIP ONE website (www.flyvipone.com) and/or reserve Services through VIP ONE’s Website ("Website") If You ("You" or "Your" or "User"), are unable to understand, or have any questions about these Terms, please contact a VIP ONE representative directly. When You create an online account with VIP ONE, and in each instance before You submit a request for Services or make a reservation for Services through the Website, You will check a box confirming that You have read, understand and accept these Terms. Please note that these Terms are subject to change, so please review and save or print a copy of the current terms and conditions prior to each booking of Services You submit.
B. Company Information
AIRIST JFK, INC. d/b/a VIP ONE
e-mail address: www.flyvipone.com firstname.lastname@example.org
C. VIP ONE grants You a limited license to access and make personal use of this Website. However, You are expressly prohibited from downloading (other than page caching) or modifying it, or any portion of it, except with the express written consent of VIP ONE. Use of this license specifically prohibits any resale or commercial use of this Website or its contents; any collection and/or use of any product/service listings, descriptions, or prices; any derivative use of this site and/or its contents; any downloading or copying of account information for the benefit of another merchant and/or service provider; or any use of data mining, robots, or similar data gathering methodologies and/or extraction tools. You agree that You will not directly hyperlink to, or otherwise use the Website URL, for any purpose other than to obtain information regarding VIP ONE’s Services or to order Services from VIP ONE.
2. Disclaimer of Warranties, Fitness and Liability
A. VIP ONE and the Website cannot and does not guarantee, represent, or warrant that Your use of the Website will be uninterrupted or error free. You understand and agree that from time to time, the Website and/or the Services described therein, as provided by VIP ONE, may not be available, and You further understand and agree that VIP ONE and the Website shall have no liability for any loss, damage, injury or expense, resulting from such unavailability for any reason whatsoever.
B. Use of the Website for the purpose of creating an account, or to engage the Services provided by VIP ONE is at Your sole risk and all online Services are offered and provided to You on an "as is" and "as available" basis without warranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or any other rights whatsoever.
C. You agree that the following contains proprietary information and/or material, which is the property of and is owned by VIP ONE and/or its licensors, and which is protected by all applicable intellectual property and other laws, statutes, and regulations, including but not limited to: copyright and trademark protections. In addition, You agree that the foregoing protections apply to the Website, any Services provided by and/or through VIP ONE , all graphics, user interface, audio and/or video clips, editorial content, scripts, and software used to implement the provided Services through the Website. You also agree that You will not use such proprietary information and/or materials in any way whatsoever, except for use of the Website and/or the Services provided by VIDEO ONE in compliance with this Agreement. No portion of the Website or any proprietary material owned by VIP ONE may be reproduced in any form or by any means, except as expressly permitted in these Terms or without the express written permission of VIP ONE. You agree not to modify, rent, lease, loan, sell, distribute, decompile, or create derivative works of any kind based upon the Website or VIP ONE in any manner and You agree not to exploit the Website or VIP ONE in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
D. By using the Website, You expressly agree and covenant that VIP ONE is not
liable to You for:
a. Any loss, damage, injury or expense arising from or out of Your use of the Website, unless resulting from the intentional misconduct of VIP ONE or its agents;
b. Any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill, or any other consequential or indirect damages, You may incur, whatsoever, regardless of foreseeability;
c. Any loss or corruption of or damage to Your data;
d. Any loss, damage, injury, or expense arising out of any acts, errors, omissions, policies, alterations, modifications, changes, or conduct of the John F. Kennedy International Airport of any airline.
3. Service Requests
A. You acknowledge, agree and represent that all Services purchased under or subject to these Terms are intended for personal, non-commercial use only and will not be offered, re-sold, or vended to any third-party. No Service provided subject to these Terms may be transferred without the express written permission of VIP ONE.
B. Upon receipt and verification of a booking through the Website, VIP ONE will issue a receipt via e-mail to the address supplied by the user through the Website. VIP ONE shall not be liable or responsible for any loss or damage arising from misdirection of e-mails, limitations of e-mail services, or any inaccuracy in either the submission or the transcription of any electronic mail addresses. The receipt so generated is intended to and shall only serve to notify You of the receipt of Your request for Services and shall not constitute an offer for or acceptance of an offer for Services by VIP ONE.
When You create Your account and book through the Website, You will be providing VIP ONE with Your personal information. You agree that VIP ONE may disclose Your personal information to its personnel and/or agents on a need to know basis and in such instances, Your information shall be held and treated as "confidential" information, solely in connection with the processing and effectuation of any order for Service provided by VIP ONE. Your personal information may also be made available, via binding legal process, as issued by a court or agency of competent jurisdiction. In such event, VIP ONE shall take all possible precautions and legal steps to notify You of such request and shall fully cooperate with You or Your legal representative in the preservation of Your privacy and protection of Your confidential information.
5. General Terms
A. The terms of this Agreement are severable, and in the event any term, provision or condition hereof is held unenforceable, the remaining terms, provisions and conditions shall remain applicable to the fullest extent permissible under law.
B. Any legal action arising from this Agreement, including any damages, claims, or interpretation of the terms hereof, shall be governed by the laws of the State of New York, without regard to any choice of law issues. Any such legal action shall be venued in the County of Queens, State of New York, to which jurisdiction and venue all parties hereby stipulate.
C. These Terms shall be applicable to and fully enforceable by or against any heir, devisee, successor in interest or subsidiary of VIP ONE.
D. These Terms and Conditions are subject to change, alteration, or modification by VIP ONE, without prior notice.