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Operator/Broker Terms of Service
CONDITIONS OF USE
Version: Oct 20, 2012
The following terms and conditions govern all use of the NoEmptyLegs.com and other NoEmptyLegs.com websites and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by NoEmptyLegs.com. The Website is offered subject to Company acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by NoEmptyLegs.com (collectively, the 'Agreement').
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, Company agrees to become bound by the terms and conditions of this agreement. If Company does not agree to all the terms and conditions of this agreement, then Company may not access the website or use any services. If these terms and conditions are considered an offer by NoEmptyLegs.com, acceptance is expressly limited to these terms.
Company Account.
Company is responsible for maintaining the security of Company account and Company are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Company must not use Company account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and NoEmptyLegs.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NoEmptyLegs.com liability. Company must immediately notify NoEmptyLegs.com of any unauthorized uses of Company account or any other breaches of security. NoEmptyLegs.com will not be liable for any acts or omissions by Company, including any damages of any kind incurred as a result of such acts or omissions.
Without limiting any of those representations or warranties, NoEmptyLegs.com has the right (though not the obligation) to, in NoEmptyLegs.com' sole discretion (i) refuse or remove any content that, in NoEmptyLegs.com' reasonable opinion, violates any NoEmptyLegs.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NoEmptyLegs.com' sole discretion. NoEmptyLegs.com will have no obligation to provide a refund of any amounts previously paid.
NoEmptyLegs.com Standard (free edition) is intended for commercial use only. The unauthorized commercial use of NoEmptyLegs.com Standard is prohibited. NoEmptyLegs.com reserves all its rights in the event of a violation of this policy, which may include discontinuation of the subscription itself, suspension of Company privileges as a Company, and enforcement of NoEmptyLegs.com' rights under law and equity. Provider retains all rights to site including but not limited to usage rights. At any time and for any reason provider may restrict access to NoEmptyLegs.Com and its distribution network. Company agrees to not spam the site with repetitive flights or display inaccurate information about flights, planes, capabilities, accreditation's, history, relationships and so forth, Access to this site will be for the sole purpose the Company only. Company agrees not to share Company user name and password or to allow access to NoEmptyLegs.com to any third party companies or individuals.
Responsibility of Website Visitors.
NoEmptyLegs.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, NoEmptyLegs.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Company are responsible for taking precautions as necessary to protect Company and Company computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NoEmptyLegs.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. Visitors will only upload content, photo graphics and/or images that Company has the right to use and promote such materials. As well Visitor passes that right to use display and promote publicly to Provider and its distribution network. Visitors will not display any pornographic or inappropriate materials on Providers site.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which NoEmptyLegs.com links, and that link to NoEmptyLegs.com. NoEmptyLegs.com does not have any control over those non-NoEmptyLegs.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-NoEmptyLegs.com website or webpage, NoEmptyLegs.com does not represent or imply that it endorses such website or webpage. Company is responsible for taking precautions as necessary to protect Company and Company computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NoEmptyLegs.com disclaims any responsibility for any harm resulting from Company use of non-NoEmptyLegs.com websites and webpages. Company grants Provider permission to use and distribute information provided by Company, for the primary purpose of booking Company’s Empty Legs and to find Air Ambulance flights for Company. Company grants Provider permission to market and promote all classified listings to Providers site, distribution network, and third party sites. Company grants Provider and distribution network / exclusive network permission to contact Company via email phone fax and mail. Company understands that contact information will be available to all other Companies using this site. Company agrees to not data mine Providers site or Distribution Networks sites. Provider agrees to not sell Company’s contact information.
Copyright Infringement and DMCA Policy.
As NoEmptyLegs.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If Company believe that material located on or linked to by NoEmptyLegs.com violates Company copyright, Company are encouraged to notify NoEmptyLegs.com in accordance with NoEmptyLegs.com' Digital Millennium Copyright Act ('DMCA') Policy. NoEmptyLegs.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of NoEmptyLegs.com or others, NoEmptyLegs.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, NoEmptyLegs.com will have no obligation to provide a refund of any amounts previously paid to NoEmptyLegs.com. Intellectual Property.
This Agreement does not transfer from NoEmptyLegs.com to Company any NoEmptyLegs.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NoEmptyLegs.com. No-Empty-Legs.com, NoEmptyLegs, and all other trademarks, service marks, graphics and logos used in connection with NoEmptyLegs.com, or the Website are trademarks or registered trademarks of NoEmptyLegs.com or NoEmptyLegs.com' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Company use of the Website grants Company no right or license to reproduce or otherwise use any NoEmptyLegs.com or third-party trademarks.
Non-Disclosure / Non-Compete.
It is agreed that the duration of this agreement Company shall not represent, provide services for or engage in any other way any other business of a similar nature to the business of Provider (Air Ambulance Empty Leg Site) without the written consent of Provider. Company warrants and guarantees that during this agreement and for the 36 Month period following the termination of this agreement shall not directly or indirectly engage in any similar business as Provider (Air Ambulance Empty Leg Site) with Provider’s current clients or Provider's former clients. Nor shall Company solicit any client of Provider for the benefit of a third party that is engaged in a similar business to that of Provider or hire any employees or sales staff or former employees or sales staff of Provider.
Payment.
Company agrees to pay any finder or fulfillment fees, for any bookings coming directly or indirectly from NoEmptyLegs.Com or its distribution network / exclusive network... current rate is $500.00 (or agreed upon price in writing) for any and all flights booked by NoEmptyLegs.Com or its distributions network.
Changes.
NoEmptyLegs.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Company responsibility to check this Agreement periodically for changes. Company continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NoEmptyLegs.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
NoEmptyLegs.com may terminate Company access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If Company wish to terminate this Agreement or Company account (if Company have one), Company may simply discontinue using the Website. Notwithstanding the foregoing, NoEmptyLegs.Com reserves the right to give notice to materially breach of this Agreement and fail to cure such breach within thirty (30) days from NoEmptyLegs.com' notice to Company thereof; provided that, NoEmptyLegs.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided 'as is'. NoEmptyLegs.com and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NoEmptyLegs.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Company understand that Company download from, or otherwise obtain content or services through, the Website at Company own discretion and risk.
Limitation of Liability.
In no event will NoEmptyLegs.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by Company to NoEmptyLegs.com under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. NoEmptyLegs.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. General Representation and Warranty.
Company represent and warrant that (i) Company use of the Website will be in strict accordance with the NoEmptyLegs.com Privacy Statement, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Company country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which Company reside) and (ii) Company use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
Company agree to indemnify and hold harmless NoEmptyLegs.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of Company use of the Website, including but not limited to out of Company violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between NoEmptyLegs.com and Company concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NoEmptyLegs.com, or by the posting by NoEmptyLegs.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Phoenix AZ.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Company may assign Company rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NoEmptyLegs.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will endure to the benefit of the parties, their successors and permitted assigns. NoEmptyLegs.com
What is an Operator or Broker
Operator
An Operator is an individual or company that OWNS and/or OPERATES the Airplane(s). They fulfil all of the services themselves for thier patients.
Broker
A Broker is an individual or company that takes on a client, but does not have the Airplane to provide the service. They usually hire a 3rd party to provide the actual service.
Operator & Broker
A Operator & Broker is an individual or company that OWNS and/or OPERATES the Airplane(s). They take on ALL available clients and use thier own Airplanes when available, or hire a 3rd party when needed.