Please review these Terms of Service. Your use of this website (this “Site”), including the purchase of products, constitutes your acceptance of these Terms of Service. Wheels Up Partners LLC ("Wheels Up") reserves the right to revise these Terms of Service at any time without prior written notice. As a result, we encourage you to review these Terms of Service whenever you purchase products via this Site.
By using this Site you represent and warrant that you are a legal adult, that you meet all other eligibility requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms of Service.
You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product shall be the amount you actually paid us for it. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Products may be purchased while supplies last. We may run out of product which may not be replenished. Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. We will make every effort to communicate with you prior to cancelling the order.
We welcome your comments about this Site; however, any comments, reviews, messages, suggestions or other communications (collectively "Comments") sent to this Site shall be and remain the exclusive property of Wheels Up. Your submission of any such Comments shall constitute an assignment to Wheels Up of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Wheels Up will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us.
Each time you log into this Site, you will be deemed to be authorized to access and use this Site in a manner consistent with Terms and Conditions. You agree that you will not under any circumstances:
THIS SITE AND ALL PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of this Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of this Site.
YOU UNDERSTAND AND AGREE THAT THIS SITE, WHEELS UP, ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
In addition to any other legal or equitable remedies, Wheels Up may without prior notice to you immediately terminate your account, or revoke your right to access or use this Site. Upon notice of termination of your account, you shall immediately cease all access to and use of this Site and Wheels Up shall immediately revoke all passwords and account identification issues to you, and deny your access to this Site in whole or part. However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
This Site is hosted by a third-party vendor, Nexcess, LLC. Use of your Personal Information is also subject to our hosting vendor's policies. To review this vendor's policies regarding your Personal Information, please visit https://www.nexcess.net/policies/privacy-policy. To review this vendor's Acceptable Use Policy please visit https://www.nexcess.net/policies/acceptable-use-policy.
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of New York. Any claims brought to enforce these Terms of Service or in connection with any matters related to this Site shall be brought only in either the State or Federal Courts located in New York, and you expressly consent to the jurisdiction of said courts.
To ask questions or comment about these Terms of Service, please contact us at firstname.lastname@example.org.