Terms of Use

Last modified: 10/30/2024

Thank you for your interest in Gridiron Air LLC and its affiliates (collectively, “Gridiron Air,” “we,” or “us”). The following terms and conditions (collectively, the “Terms of Use”) govern your access to and use of www.gridiron-air.com (the “Site). It is important that you read these Terms of Use carefully before you begin using the Site. By continuing to use the Site, you accept and agree to be bound by these Terms of Use (including our Privacy Policy, which is incorporated herein by reference). If you do not agree with these Terms of Use or our Privacy Policy, you must not access or use the Site. 

 

Changes to the Terms of Use.

We reserve the right to modify these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. The date these Terms of Use were last revised is identified at the top of this page. You are responsible for periodically visiting the Site and these Terms of Use to check for any changes. If you do not agree to the modified Terms of Use, your only remedy is to discontinue use of the Site.

 

Who May Use the Site.

You must be at least 18 years of age, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to Gridiron Air that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Gridiron Air that you will use the Site in a manner consistent with any and all applicable laws and regulations.

 

Intellectual Property Rights.

The Site and its contents, features, and functionality (including but not limited to text, images, video, audio, graphics, and software) are owned by Gridiron Air, its licensors, or content suppliers and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. All trademarks appearing on the Site are the property of their respective owners.
 

Gridiron Air authorizes you to use the Site for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, download, store, or transmit any of the material on the Site, except as follows:

  • Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of Site pages for your own personal use and not for further reproduction, publication, or distribution; and
  • If we provide social media features, you may take such actions as are enabled by such features.
     

You agree to refrain from:

  • Modifying copies of any materials from the Site; 
  • Using any images, video, audio, or graphics separately from any accompanying text; 
  • Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; and
  • Using any materials from the Site in any way other than as specifically permitted herein or by written agreement with Gridiron Air.
     

By using the Site, you will not acquire any intellectual property or similar rights in the Site or any content thereon other than a limited right to use the Site and its content for your personal benefit. 

 

Code of Conduct.

You may not use the Site in order to transmit, post, distribute, store, or destroy material (a) in violation of any applicable law or regulation, (b) in a matter that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy, publicity, or other personal rights of others, or (c) that is false, defamatory, obscene, threatening, or hateful. 

You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use, or access, nor attempt to obtain, use, or access, any Site content through any means not intentionally made publicly available through the Site, nor otherwise attempt to interfere with the proper working of the Site. 

You may link to our homepage, provided that you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it. However, you must not suggest any form of association, approval, or endorsement on our part without our express written consent. 

Gridiron Air may take any action we deem necessary or appropriate in our sole discretion with respect to content or behavior that we believe could create liability for Gridiron Air, damage Gridiron Air’s brand or public image, or cause Gridiron Air to lose (in whole or in part) the services of its internet service providers or other suppliers. While we reserve the right in our sole discretion to restrict access or remove content from the Site from time to time, we do not assume any obligation to do so and we disclaim any liability for failing to take any such action.

 

Third-Party Content and Social Media Features.

The Site may include content provided by third parties. Such third parties are solely responsible for all such content submitted to the Site, and the inclusion of such content on the Site does not imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring of such content. Gridiron Air disclaims all liability relating to the content, accuracy, or reliability of any materials provided by any third parties. 

If the Site contains links to third-party websites, such links are provided solely as a convenience to you and not as an endorsement by Gridiron Air of the contents of such third-party websites. Gridiron Air is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access any third-party websites linked to or from the Site, you do so entirely at your own risk and subject to the terms of use for such websites.

The Site may provide certain social media features that enable you to link from certain third-party websites to certain content on the Site, send emails or other communications with links to certain content on the Site, or cause limited portions of content on the Site to be displayed on certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such features. 

 

Reliability, Availability, Control, and Geographic Limitations of Site Content.

The content presented on or through the Site is made available solely for general information purposes. Gridiron Air assumes no responsibility regarding the accuracy, reliability, completeness, or timeliness of any content presented on or through the Site, and the use of the Site and all content thereon is at your own risk. Information on the Site may contain technical inaccuracies or typographical errors and may be incomplete. Please note that any such errors, inaccuracies, and/or omissions may relate to the pricing or other details of products, programs, or services described on the Site. For terms and conditions applicable to specific products, programs, or services, reference should be made to the written agreement(s) governing the specific transaction(s) between you and Gridiron Air for such products, programs, or services.

Content that we publish on the Site may contain references or cross-references to Gridiron Air’s products, programs, and services that may or may not be announced or available in your geographic area. Such references do not imply that we intend to announce or make available such products, programs, or services in your area. Please consult your local Gridiron Air business contact for information regarding the products, programs, and services that may be available to you.

We disclaim all liability, direct or consequential, arising from any reliance placed on such Site content by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Site content or other information may be changed or updated at any time without notice. We may also make improvements and/or changes to the products, programs, and/or services described in Site content at any time without notice. Gridiron Air’s obligations with respect to its products, programs, and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Gridiron Air or participate in a Gridiron Air program without a formal written agreement governing that specific transaction, that product, program, or service is provided “AS IS” with no warranties whatsoever, express or implied, and your use of or participation in that product, program, or service is at your own risk.

 

Disclaimer of Warranties.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING: ANY WARRANTIES CONCERNING INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION; ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT, OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS MADE AVAILABLE THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. 

WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GRIDIRON AIR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Limitation of Liability.

IN NO EVENT SHALL GRIDIRON AIR, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT, OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS, OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Indemnification.

You agree to defend, indemnify, and hold harmless Gridiron Air and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to your use of any of the Site’s content and services, or your use of any information obtained from the Site.

 

Governing Law and Disputes.

Any dispute or claim arising in relation to these Terms of Use or the Site shall be governed by and construed in accordance with the laws of the State of New York without reference to its choice of law rules. 

You acknowledge that any legal suit, action, or proceeding arising out of or relating to these Terms of Use or the Site shall be commenced and heard exclusively in the United States District Court for the Southern District of New York, New York, or, if such court does not have subject matter jurisdiction, the courts of the State of New York located in the County of New York (Commercial Division). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

At Gridiron Air’s sole discretion, we may require you to submit any disputes arising out of or relating to these Terms of Use or the Site, including disputes arising out of or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

 

Waiver and Severability. 

Any failure by Gridiron Air to insist upon or enforce strict performance of any provision of these Terms of Use shall not be deemed a waiver of any right or provision. 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

 

Entire Agreement.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Gridiron Air with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.