Terms and Conditions
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and any additional terms for special promotions, unless you offer different terms in writing that are accepted by ChasingAir.com. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by ChasingAir.com.
Privacy
Please also review our Privacy Policy, which also governs your visit to this Site.
Electronic Communication
When you visit ChasingAir.com, purchase products or services via the Site, or instigate contact with us, you are communicating with us electronically. We may also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ChasingAir.com Service
Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or been gathered from public-domain sources. The intention of ChasingAir.com is that all information on the website should be as accurate and up-to-date as possible. However, ChasingAir.com cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to purchasing from the stores listed on our site to ensure the accuracy of the prices and product specifications. All the actions taken by the user of the website are the responsibility of the individual. ChasingAir.com cannot make any guarantees that any information provided on the site is correct or be held liable for any actions taken based on the product and pricing information provided.
Relationship with Merchants
Merchants listed on the ChasingAir.com site are independent third parties and ChasingAir.com is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold ChasingAir.com liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through the Site.
If you want to report an error or have any questions please contact: ruth@chasingair.com and we will endeavour to correct the content as far as is possible for us as third party publishers.
Payment
There is no charge payable to ChasingAir.com for use of the site during the continuance of these Terms and Conditions. ChasingAir.com shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
Adding Content to the Site
In the event of ChasingAir.com enabling you to add content to the site in the form of reviews, contests or other features, ChasingAir.com shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. ChasingAir.com will not permit the publishing of content that may be illegal under applicable law.
Changes
ChasingAir.com reserves the right to change, suspend, or discontinue, at its sole discretion, all or any aspects of the content, design, services provided or any other aspect of the ChasingAir.com website at any time without prior notice.
Your use of the Site
Do’s & Dont's
You agree to use the Site only for lawful purposes. You may only use this site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of ChasingAir.com and its affiliates, licensors, and service providers. Your agree that your data, content, and any information provided or used on the Site, as well as your use of our Site, products and services will not: (a) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our Trademarks, or any aspect of the Site; (e) post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services; (g) contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct; (h) access or attempt to access the non-public areas of the Site or any other user's password-protected information; (i) impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and (j) restrict or inhibit any other user from using or enjoying the Site (or any linked site).
Account Maintenance
By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. ChasingAir.com will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that: (i) you have the legal capacity to agree to these terms and use this Site; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
Termination
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorised use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.
Intellectual Property
Ownership
This site is the copyrighted property of ChasingAir.com and/or its various third party providers and distributors, directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of ChasingAir.com and/or its third parties. However, this does not apply to downloading, copying and saving information from the website for personal use. The trademarks, logos and service marks displayed on this site are registered and/or common law Trademarks of ChasingAir.com, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of ChasingAir.com or such other party that may own the Trademarks. ChasingAir.com does not claim to own any of the third party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
Your Rights
You retain ownership of all intellectual property rights subsisting in the content you submit to us. However, by submitting content to ChasingAir.com you grant to ChasingAir.com a royalty-free world-wide non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that ChasingAir.com decides on the ChasingAir.com website, any other website or through any other medium and to permit others to do the same.
Copyright and Trademark Notice
© ChasingAir.com. 2010, ChasingAir.com Ltd. All rights reserved. ChasingAir.com is a trademark of ChasingAir.com Ltd. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of ChasingAir.com and its affiliates, licensors, and service providers.
Intellectual Property Infringement Claims
It is the policy of the ChasingAir.com to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to: ruth@chasingair.com
Links
This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by ChasingAir.com, its third party providers or distributors of the contents of such other web sites. ChasingAir.com has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. ChasingAir.com make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Indemnity & Release
The material that you read on the site is provided solely for information purposes. By using the Site web sites you agree to indemnify ChasingAir.com and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to ChasingAir.com or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorised by you. ChasingAir.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with ChasingAir.com’s defense of such claim.
Disclaimer of Warranties and Limitation of Liability
By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Indemnities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
General
Notice
Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by postal mail or e-mail.
Place of Performance
References to any ChasingAir.com product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from their resident locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Misc.
A. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the England as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom between United Kingdom residents. You hereby consent to jurisdiction and venue in London, England for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by Royal Mail with delivery receipt to the address you provided to ChasingAir.com) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between ChasingAir.com’s representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders. Nothing in these Terms and Conditions limits or excludes either party's liability for fraud or for negligence causing death or personal injury.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChasingAir.com as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
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