Legal

Need Help Forecasting?

  • info@jetforecasting.com
Last Modified December 1, 2018

JET FORECASTING WEBSITE TERMS OF SERVICE

Welcome to the Jet Forecasting website, operated by Jet Forecasting Corporation, an Ohio corporation ("Jet," "we," "us," or "our"). The following website terms of service (the "Website Terms of Service") govern your access to and use of this website, www.jetforecasting.com, including any subdomain thereof (the "Website"). All use of the Website and the Content (as defined below), is subject to this Website Terms of Service. By using this Website, you agree to be bound by these Website Terms of Service, Jet Forecasting's Privacy Policy (the "Privacy Policy") and all disclaimers and terms and conditions that appear elsewhere on this Website. If you do not agree with anything contained in the Website Terms of Service, please do not submit information to, access information from, or otherwise utilize the Website. The terms and conditions related to particular Jet Forecasting services may be found in the relevant terms and conditions for that application.

About the Website Terms of Service
The Website Terms of Service constitute a binding legal contract between you and Jet Forecasting and are in addition to any other agreements between you and Jet Forecasting, that govern your use of products, services, content, tools and information available on the Website. If there is any contradiction between these Website Terms of Service and the Jet Forecasting Platform Service Subscription Agreement you enter into with Jet Forecasting, the Jet Forecasting Platform Service Subscription Agreement (“Agreement”) takes precedence.

Modifications to the Website Terms of Service and the Website
By using or accessing the Website, you agree that Jet Forecasting may modify the Website Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Website Terms of Service will indicate your acceptance of the relevant modification and the Website Terms of Service as so modified. It is your responsibility to review the Website Terms of Service from time to time to see if modifications have been made. Any modification is effective immediately from and after Jet Forecasting’s posting of such modification on the Website, or other update of the Website or the Website Terms of Service. You will know if these Website Terms of Service have been modified since your last visit to the Website by referring to the "Last Modified" date at the top of this page. Jet Forecasting reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Privacy Policy
Your privacy is very important to us. We encourage you to read the Privacy Policy, which explains how we treat your personal information and protect your privacy when you are using the Website. By using the Website, you agree that Jet Forecasting may use your information as set forth in the Privacy Policy. The Privacy Policy is hereby incorporated in the Website Terms of Service by reference in its entirety.

Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Jet Forecasting will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that Jet Forecasting and our service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Jet Forecasting via the Subscription Agreement, by e-mail or other electronic communications or via the Website.

Demonstration Services on the Website
You may choose to participate in a demonstration of portions of the Jet Forecasting services on the Website (“Demonstration Service”) which is offered for a limited period of time determined by Jet Forecasting. Jet Forecasting makes no representations or warranties regarding the Demonstration Services which are provided “AS-IS” and “AS-Available” when you fill out the necessary Demonstration Service registration form. You are required to provide your name and email address in order to participate in a Demonstration Service, please refer to our Privacy Policy for information about how we use and protect any personally identifiable information collected during the Demonstration Service registration process. Jet Forecasting does not guarantee that any information provided during the Demonstration Service period is accurate or correct. The Demonstration Service is provided for proof of concept evaluation purposes only and you should not rely upon any such information as any business, sales, legal, financial or accounting advice. Jet Forecasting may terminate the Demonstration Service at any time in its sole discretion for any or no reason. Any customer data (“Customer Data”) uploaded during the Demonstration Service as well as any reports provided through the Demonstration Service may not be maintained by Jet Forecasting, so you will need to download any reports or Customer Data prior to the termination or expiration of the Demonstration Service period.

Acceptable Use of the Website; Conditions of Your Use
The Website is designed for individuals interested in learning more about Jet Forecasting and its services (the “Services”). You may only use the Website for this purpose.

Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website, for any purpose other than your own use or as otherwise permitted during the Demonstration Service or as specified in a Subscription Agreement between Jet Forecasting and yourself ("Permitted Use"), including any purpose competitive to Jet Forecasting or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or the Service.

Your use of the Website is conditioned upon the following statements being true:
    •You are 18 years of age or older;
    •You are a U.S. resident;
    •You are able to form a binding contract with Jet Forecasting;
    •You are not prohibited by law from accessing the Website or have not previously been banned,
    terminated or otherwise denied access to the Website; and
    •You are not acting on behalf of a person whose access to the Website has been previously terminated
    or otherwise denied by us.

Except as explicitly permitted by the Website Terms of Service, and without limiting anything else in the Website Terms of Service, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever. You also may not redeliver any of the pages, text, images or other Content or the Website using "framing" or similar technology or for any purpose, including any attempt to impersonate Jet Forecasting or any employee, representative or agent of Jet Forecasting or otherwise create the appearance or suggestion that you have a relationship to Jet Forecasting or that we have endorsed you for any purpose. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.

As conditions of your use of the Website, you agree to comply with the Website Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Website Terms of Service, you agree not to:
    •Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of
    Jet Forecasting or any other person, otherwise mislead Jet Forecasting as to your identity, or attempt to do
    the same;
    •Attempt to or enable others to attempt to gain unauthorized access to any computer systems or networks
    connected to any Jet Forecasting server or data contained therein (the "Materials"), including through hacking,
    password theft or any other means;
    •Attempt or enable others to attempt to obtain any Materials or Content through any means that Jet Forecasting
    has not intentionally made available on the Website including using any automatic process, such as data mining,
    robots or similar data gathering and extraction tools, to search or harvest information from the Website or
    attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device,
    or mechanism other than the software or search agents provided by Jet Forecasting or other generally available
    third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome, Apple Safari, Microsoft Edge);
    •Use the Website or the Materials in any manner (or any other conduct) that could damage, disable overburden or impair
    the Website or any Jet Forecasting server or the network(s) connected to any Jet Forecasting server or the availability or
    accessibility thereof, or that might interfere with any other person's access to or use or enjoyment of any Materials;
    •Use any Materials, data or Content or distribute any Content in competition with Jet Forecasting or to its
    detriment in any way;
    •Access, tamper with, or use non-public areas of the Website, Jet Forecast's servers, computer systems,
    or the technical delivery systems of Jet Forecast’s service or hosting providers or lessors;
    •Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble
    any of the software used to provide the Website or Content;
    •Use, save, imbed, transmit or send (whether on, to or through the Website), directly or indirectly,
    any material or file containing, or linked to, any virus, worm or any other computer, software or
    technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse,
    rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality
    of any computer software, network or hardware or telecommunications equipment.

Jet Forecasting does not have any part in the creation of any materials or information which you may provide, post, share, upload, communicate or transmit to Jet Forecasting or the Website. If Jet Forecasting permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
    •Is commercial or promotional in nature, without the prior written authorization of Jet Forecasting;
    •Constitutes junk mail, unsolicited commercial messages ("spam"), chain letters, pyramid schemes or the like;
    •Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
    libelous, invasive of another's privacy, hateful, is racially, ethnically, religiously or otherwise objectionable,
    or otherwise violates the legal rights of others or capable of giving rise to legal action whether against you
    or Jet Forecasting or any affiliate or a third party (in each case under any applicable law) or that is
    or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
    •You do not have the right to make available under any law or under contractual or fiduciary relationships or
    obligations (such as inside information, proprietary and confidential information learned or disclosed as
    part of employment relationships or under nondisclosure agreements);
    •Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
    •Contains viruses, worms or any other computer, software or technological component, code, routine, script,
    malware, spyware, keystroke logger, Trojan horse, rootkit, files, application or program designed to
    intercept,interrupt, destroy, or limit the functionality of any computer software, network or hardware
    or telecommunications equipment.

Jet Forecasting reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Jet Forecasting does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against Jet Forecasting or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding Jet Forecasting’s rights under the Website Terms of Service, Jet Forecasting does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.

Jet Forecasting’s Intellectual Property, Copyrights and Identifying Marks
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Jet Forecasting i or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.

Subject to the terms and conditions of the Website Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for Permitted Uses only, until such time as the Website Terms of Service terminate or expire or your right to use or access the Website is terminated in accordance with below ("Termination; Survival of Provisions"). Without Jet Forecasting’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of the Platform Service licensed by Jet Forecasting.

Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by Jet Forecasting or displayed on the Website without the written permission of Jet Forecasting (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of Jet Forecasting or any of its affiliates, directors, officers or employees.

For purposes of the Website Terms of Service, the Content includes all content on the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text, models, forecasts and other written and multimedia materials, all of Jet Forecasting’s products, services, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website's likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications available on or via the Website.

Information and Feedback You Provide to Jet Forecasting
By submitting information or other materials to us, if any, you grant Jet Forecasting a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the Website Terms of Service and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback ("Feedback") to us with respect to the Content or the Website or the Service. You and we acknowledge and agree that any such Feedback is given voluntarily. We will endeavor to consider and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or the Service. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Website is provided to you on an "as is" and "as available" basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

JET FORECASTING DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND JET FORECASTING SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN.

JET FORECASTING MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. JET FORECASTING AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS, THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JET FORECASTING OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE WEBSITE TERMS OF SERVICE. IN NO EVENT SHALL JET FORECASTING HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF JET FORECASTING (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE THAT JET FORECASTING’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST JET FORECASTING, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO JET FORECASTING FOR THE USE OF THE WEBSITE DURING THE TERM OF THESE WEBSITE TERMS OF SERVICE.

You acknowledge that Jet Forecasting has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of Jet Forecasting or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the "Released Parties") in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Website Terms of Service will protect the Released Parties as well as Jet Forecasting.

Nothing in the Website Terms of Service shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.

Electronic Communication
You acknowledge and agree that the communications between you and Jet Forecasting are electronic. You consent to receive communications from Jet Forecasting in an electronic form, including e-mail and/or newsletters. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Jet Forecasting will use reasonable efforts to honor any request you may have to opt out from receiving e-mails and/or newsletters within 8-10 business days.

Termination; Survival of Provisions

Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Website Terms of Service, the permissions granted to you under these Website Terms of Service will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website to access the Service.

Jet Forecasting’s Right to Terminate Your Use: Jet Forecasting may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Jet Forecasting may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Website Terms of Service or the Subscription Agreement; (b) you have engaged in conduct which Jet Forecasting, in its sole discretion, considers to be unacceptable; (c) Jet Forecasting is required by law to do so; or (d) Jet Forecasting no longer provides the Website. The above are only examples of circumstances in which Jet Forecasting may terminate your right to use the Website and Jet Forecasting may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Jet Forecasting’s Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and(iv) Miscellaneous will survive any termination or expiration of these Website Terms of Service for any reason.

Survival of Other Obligations: You acknowledge that any legal obligations you may have under the Subscription Agreement with Jet Forecasting will not be affected in any way by the termination of the Website Terms of Service and any such Subscription Agreement between you and Jet Forecasting will continue to be in effect in accordance with its terms.

Jet Forecasting’s Remedies
You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease using a trial version of the Platform Service or any content or data contained on the Website will result in immediate and irreparable harm to Jet Forecasting for which there is no adequate monetary remedy. If you violate the Website Terms of Service, Jet Forecasting will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.

Without prejudice to Jet Forecasting’s other rights under the Website Terms of Service, if you breach the Website Terms of Service in any way, Jet Forecasting may take such action as Jet Forecasting deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website in connection with a trial use of the Service, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.

Indemnification
You agree to indemnify and hold Jet Forecasting and the Released Parties from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys' fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, the trial use of the Service, any breach or alleged or claimed breach of the Website Terms of Service or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using the Website, regardless of whether the specific use was expressly authorized by you.

Fair Practices
You agree not to: (i) make any representations, warranties or guarantees on Jet Forecasting’s behalf or with respect to the Website or any content or data contained on the Website, any trial version of the Service or actual use of the Service via a Subscription Agreement; (ii) make any false or misleading representations with regard to Jet Forecasting or the Website or any trial use of the Service or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through or by means of or with respect to the Website.

Assignment
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Website Terms of Service. Jet Forecasting may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Website Terms of Service without notifying you or obtaining your consent.

Choice of Law; Forum for Disputes
The Website Terms of Service and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Website Terms of Service, the Website or the Content or the trial use of the Service, the negotiation, interpretation, validity or performance of the Website Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of Ohio without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.

Jet Forecasting and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Ohio and of the United States of America located in the State of Ohio, Cuyahoga County for any arbitration or proceeding between you and us arising out of or relating in any way to the Website Terms of Service (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Website Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and we each waive any objection to the laying of venue of any arbitration in the state of Ohio and agree not to plead or claim in any Ohio Court that such arbitration brought therein has been brought in an inconvenient forum or that there are indispensable parties to such arbitration that are not subject to the jurisdiction of the Ohio Courts. You and Jet Forecasting each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such arbitration in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

WAIVER OF JURY TRIAL
JET FORECASTING AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE WEBSITE TERMS OF SERVICE OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.

CLASS ACTION WAIVER
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY VIA ARBITRATION HELD IN OHIO.

Miscellaneous
You acknowledge and agree that all rights not otherwise expressly granted to you by the Website Terms of Service are reserved to Jet Forecasting. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jet Forecasting as a result of the Website Terms of Service or any use of the Website. The failure of Jet Forecasting to exercise or enforce any right or provision of the Website Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Website Terms of Service is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, you and Jet Forecasting agree that the court should give effect to the your and Jet Forecasting’s intentions as reflected in such provision, and the other provisions of the Website Terms of Service shall remain in full force and effect. The section titles in the Website Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Jet Forecasting, nor trade practice, shall serve to modify any provision of the Website Terms of Service. For purposes of the Website Terms of Service, the terms "include," "includes," "including," "such as" and "for example," shall be construed as if each term were followed by the words, "without limitation." Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments – Our Contact Information
Jet Forecasting welcomes questions and comments about the Website Terms of Service. Questions or comments may be submitted by sending an email to info@jetforecasting.com.

©2019 Jet Forecasting Corporation. All Rights Reserved.
The name Jet Forecasting and company logos are trademarks owned by Jet Forecasting Corp. All other content, copyrights, trademarks, service marks and other intellectual property included on the Services are the exclusive property of Jet Forecasting, its affiliates, partners and licensors. All Rights Reserved.
Last Modified December 1, 2018

JET FORECASTING PRIVACY POLICY

Jet Forecasting Corporation ("Jet Forecasting," "us," "we," or "our") is committed to protecting your privacy. This Privacy Policy explains how Jet Forecasting collects, uses, and shares the personal information we collect from visitors to our website ("Website"). For information about how we collect and use information collected from our customers ("Customer Data") during the provision of our decision automation and rules management software currently known as the Jet Forecasting Platform Service “Service” (and together with the Website, the “Services”), please see "Customer Data," below. By accessing or using our Services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy (including, if applicable, the Website Terms of Service and, if applicable, our Jet Forecasting Platform Service Terms and Conditions (collectively the "Terms of Service").

1. How We Collect and Use Information

We collect personal information from our Website visitors in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:

Information that you provide to us when you set up an account with us, use our Services, or communicate with us. For example, we may request your personal information (e.g., name, company name, email address) or your applicable business information when you use an interactive demo on the Website (“Demonstration Service”) we will send you an email and password which you can change and then access the Demonstration Service. We may also collect any communications that you exchange with us, as well as any information you provide if you take part in any interactive features of the Service (e.g., promotions, surveys, etc.). We may collect information if/when you provide content or commentary on our Website in the form of feedback, posts, comments, and the like ("User Content"). Please note that User Content is published on our Website and will be viewable by the public.

Information from other sources. We may obtain information from other sources, such as third-party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, our Privacy Policy governs the handling of the combined personal information.

We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and/or newsletters about products and services that may be of interest to you. We may also send you Service-related emails or messages (e.g., account verification, subscription confirmation, changes or updates to features of the Service, technical and security notices). Similarly, if you request information from us through an online contact form or if you email us, we collect the information you provide (e.g., name, telephone number, email address) so that we can respond to you. For more information about your communication preferences, see "Control Over Your Information" below.

2. How We Use Cookies and Other Tracking Technology to Collect Information

Website; Google Analytics. The Jet Forecasting Website uses Google Analytics, a third-party web measurement and customization technology to collect non-personally identifiable information such as demographic, age, gender and other data that cannot be linked to an individual. Google cannot identify individual end users and assigns a numerical User ID to each end user (User 1, User 2, User 3, for example).

Website; Google Analytics Cookies. Google Analytics places a small file on our Website visitors’ computers, commonly called a “cookie,” so it can recognize your computer when you visit the Website in the future. For more information about how Google Analytics collects and processes data please review Google’s privacy policy located at www.google.com/policies/privacy/partners/ By using the Website, you consent to this use of cookies in connection with the Website.

Jet Forecasting. We automatically collect certain types of usage information when you use the Services or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including html 5 cookies, web beacons, file information and similar technology (collectively, "tracking technologies"). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Services, for example, the site from which you came and the site to which you are going when you leave our Website, the pages you visit, the links you click, how frequently you access the Services, whether you open emails or click the links contained in the Services and/or emails, whether you access the Services from multiple devices, and other actions you take on the Website and/or Service. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website and/or Service and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website or the Service; (b) identify you across multiple devices; (c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Website; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Website. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Website, as some features and services that are part of our Website may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

3. How We Share Personal Information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see "Control Over Your Information."
    •We may share your personal information with third-party service providers or business partners who help us deliver or
    improve our Website or who perform services on our behalf, such as providing back-office services,
    or measuring Website traffic.
    •We may aggregate, or strip information of personally identifying characteristics, and then use that aggregated or
    anonymized information for our internal business purposes and/or to improve the Website or Service.
    •We may share or disclose your personal information if we determine, in our sole discretion, that we are required
    to do so under applicable law or regulatory requirements, or if we reasonably believe disclosure is necessary
    to prevent harm or financial loss, or in connection with preventing fraud or illegal activity, and/or
    to enforce our Website Terms of Service and/or Jet Forecasting Platform Service Terms and Conditions.
    •We may share your personal information with other companies and brands owned or controlled by Jet Forecasting
    other companies owned by or under common ownership as Jet Forecasting which also includes our
    subsidiaries (i.e., any organization we own or control) or our ultimate holding company
    (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your
    personal information in accordance with this Privacy Policy.
    •We reserve the right to transfer any information we collect in the event we sell or transfer all or a portion
    of our business or assets (including any shares in the company) or any portion or combination of our Website,
    Service, products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture,
    merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding),
    we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with
    this Privacy Policy.

4. Customer Data

In providing our Services, our customers may upload data to our Services, which may include personal information or data about our customers' and their permitted end users (all of which we call "Customer Data"). We do not collect personally identifiable information from customer’s customers and specifically prohibit customers and their permitted end users from providing any such information to us. Customer Data is owned and controlled by our customers, and any Customer Data that we maintain or process we consider to be strictly confidential. We collect and process Customer Data solely on behalf of our customers, and in accordance with our agreements with the customers. We do not use or disclose Customer Data except as authorized and required by our customers and as provided for in our Jet Forecasting Platform Service Subscription Agreement with our customers.

5. Control Over Your Information

Jet Forecasting Communications and Opt-Out. From time to time, we may send you emails and/or newsletters regarding updates to our Website and/or Service, products or services, notices about our organization, or information about products/services we offer that we think may be of interest to you. If you wish to Opt-Out from receiving future emails and/or newsletters, simply click the "unsubscribe link" provided at the bottom of the email communication. This system is automated and must be contacted from the email address you wish to have removed. Permission changes will be honored as soon as possible after receipt. Please allow seven to ten business days for processing. Permission changes will not effect any information which you previously provided to us. Note that you cannot unsubscribe from certain Services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).

Modifying Account Information. If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) by clicking on the Account Tab" and clicking on manage my account button. If you have any questions about modifying or updating any information in your account, please contact us via info@jetforecasting.com or postal address or phone number provided below. Please note that we do not own or control the Customer Data uploaded to our Services by our customers and cannot modify or delete Customer Data except at the request of our customer, or as permitted in the Terms of Service.

6. Data Protection and Security

Data Retention: Following expiration, termination or deactivation of your user account, we may retain your information for a commercially reasonable time for recordkeeping, audit or other purposes. Any Customer Data that we have access to shall be retained, stored, and deleted within three to six months. All Customer Data that is aggregated by Jet Forecasting may be maintained, stored, used or deleted as determined by us in our sole discretion. Any Customer Data deleted by a customer will no longer be accessible by the customer following any such deletion and customer remains solely responsible for its deletion of its Customer Data.

Data storage and transfer: Your information may be stored and processed in the United States or any other country in which Jet Forecasting’s service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. PLEASE NOTE THAT JET FORECASTING DOES NOT COLLECT CUSTOMER DATA FROM COMPANIES OR THEIR SUBSIDIARIES OUTSIDE OF THE UNITED STATES AND DOES NOT REPRESENT THAT WE COMPLY WITH ANY INTERNATIONAL PRIVACY LAWS INCLUDING, WITHOUT LIMITATION, THE GENERAL DATA PROTECTION REGULATION (“GDPR”) IF A CUSTOMER SUBMITS PERSONALLY IDENTIFIABLE INFORMATION ABOUT ITSELF OR ITS EMPLOYEES OR CUSTOMERS, CUSTOMER IS SOLELY RESPONSIBLE FOR ITS COMPLIANCE WITH ANY AND ALL INTERNATIONAL PRIVACY LAWS AND JET FORECASTING HAS NO OBLIGATION TO COMPLY WITH ANY SUCH LAWS AS IT DOES NOT PURPOSEFULLY COLLECT PERSONALLY INDETIFIABLE INFORMATION FROM CUSTOMERS OUTSIDE OF THE UNITED STATES.

Keeping information safe: We care about the security of your information and use commercially reasonable physical, technical and organizational measures designed to preserve the integrity and security of all information we collect. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. If any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose personally identifiable information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Request to delete personally identifiable information: Please be advised, that is you request Jet Forecasting to delete any of your personally identifiable information, such information is never completely removed from our database due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personally identifiable information would be removed from our database in response to your request.

Any additional obligations with respect Customer Data are defined in Jet Forecasting Platform Service Subscription Agreement with our customers and are not included in this Privacy Policy. Each customer is responsible for the privacy and security of the Customer Data that it collects and processes and for compliance with applicable United States data protection laws that may apply to the collection, processing and disclosure of Customer Data and/or any personally identifiable information through the Website and/or Service.

7. Children's Privacy

Our Services are intended for use strictly by adults. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at info@jetforecasting.com.

8. Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion. We will post changes on this page and indicate the "last modified" date at the top of this page. Please check back often for any updates. If you are a subscriber to the Services, your continued use of our Website and/or Service thirty (30) days after any change in this Privacy Policy will constitute your acceptance of such change.

9. Contacting Us

For additional inquiries about this Privacy Policy; please send us an email to: Info@jetforecasting.com or contact us at: Jet Forecasting Corporation 29 N. Doan Avenue Painesville, OH 44077

©2019 Jet Forecasting Corporation. All Rights Reserved.