(Last revised November 9, 2023)
These Terms of Use govern your use of DWR Private Jet Technologies, Inc. (“DWR Private Jet”) operated websites, mobile apps, and other electronic platforms (the “Platform”) to book flights and other travel experiences with our affiliate airline operators (the “Services”). By accessing or using the Platform, you are accepting these Terms, and that you have the right, authority, and capacity to enter into these Terms, on behalf of yourself or any entity that you represent.
If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform.
DWR Private Jet does not operate aircraft or perform flight operations. All flights are performed by DWR Private Jet’s wholly owned subsidiaries, as follows:
N. America Region -All flights to and from the United States of America, Canada, Mexico, and the Caribbean, are performed by USAC Airways 695 LLC (d/b/a DWR Private Jet) pursuant to its Operator Participant Contract, which passengers are required to accept to complete a booking reservation. In the United States, DWR Private Jet is a public charter operator (which is also known as an indirect air carrier) under Part 380 of the U.S. Department of Transportation’s regulations (14 CFR Part 380). Under some circumstances we may also partner with third party operators, travel, tour or other service providers, the flight or other services of which will be governed by their own terms and conditions, and which you will be required to accept prior to utilizing.
DWR Private Jet grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Platform solely for your own personal, non-commercial use, subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform;
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform;
you shall not access the Platform in order to build a similar or competitive website, product, or service; and
except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be retained on all copies thereof.
In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. DWR Private Jet may suspend or terminate your Account at any time and for any reason.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify DWR Private Jet of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. DWR Private Jet cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Excluding any User Content (see below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Platform and its content are owned by DWR Private Jet or DWR Private Jet’s suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms.
All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. DWR Private Jet and its suppliers reserve all rights not granted in these Terms. There are no implied license granted under these Terms.
You are solely responsible for any and all information and content that you submit to, or use with, the Platform (“User Content”). You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate these Terms. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You grant (and you represent and warrant that you have the right to grant) to DWR Private Jet an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
If you provide DWR Private Jet with any feedback or suggestions regarding the Platform (“Feedback”), you assign to DWR Private Jet all rights in such Feedback and agree that DWR Private Jet shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. DWR Private Jet will treat any Feedback you provide to DWR Private Jet as non-confidential and non-proprietary. You agree that you will not submit to DWR Private Jet any information or ideas that you consider to be confidential or proprietary.
The Platform may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of DWR Private Jet, and DWR Private Jet is not responsible for any Third-Party Links & Ads. DWR Private Jet provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.
Subject to applicable law, you release and forever discharge the DWR Private Jet (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).
From time to time, we may offer promotions, deals or discount codes for the Platform. We may, in our sole discretion, establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to you, subject to requirements of applicable law. We reserve the right to set limitations on the use of promotions, deals and/or discount codes. Opening multiple accounts on the same device for purposes of redeeming a promotion, deal and/or discount code more than once is prohibited and shall result in the forfeiture of all promotional credits and/or suspension of the accounts. Additional terms regarding promotions, deals or discount codes will be posted on the Platform.
Certain offerings, including without limitation sweepstakes, rewards, contests of skill, or promotions may be subject to additional guidelines, rules, or terms (“Additional Terms“). These Additional Terms will be located where we post the sweepstakes, rewards, contests of skill, or promotions on the Platform. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. Any Additional Terms are incorporated by reference into these Terms.
Promotional credits and customer care credits (“Account Credits”) may be applied in accordance with their terms. All Account Credits are non-transferrable, may not be redeemed for cash, and expire 18 months from the date of issuance.
The Platform is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, DWR Private Jet (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
