Terms And Conditions

ONDEMAND TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the GotCharter.com, website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these terms of use, please do not use this Site. We reserve the right to revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact our Business Development Department.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to OnDemand's Disclaimer, which is incorporated by reference herein.

OnDemand provides an online search portal to provide visitors a general ability to match shipping requirements with air cargo carriers, as well as to provide an automated method of emailing quotations to one or several air cargo carriers. To that extent, the site publishes general information on Carriers and Aircraft. OnDemand's service also includes continuous monthly verification of Carriers and Aircraft contact information and capabilities, though OnDemand does not guarantee accuracy of carrier information and aircraft specifications. OnDemand and its services are not a substitute for direct contact with carriers to obtain status of their location, personnel and aircraft.

OnDemand strives to keep its facts accurate, current and up-to-date. However, due to rapid changes in the industry, OnDemand cannot guarantee that all the information on the site is completely current. The mission requirements are different from trip to trip, and the search results are also subject to interpretation by users of site. The mission requirements are variable, and no search results tool like the kind OnDemand provides can fit every circumstance. Furthermore, the search results contained on this site are not trip planning advice and are not guaranteed to be correct, complete or up-to-date. Therefore, if you need mission requirement advice for your specific trip, or if your specific trip is too complex to be addressed by our tools, you should consult our Charter Angel Service for personal assistance.

Due to the sporadic nature of air cargo charter industry the minimum commitment for use is a one year commitment. Fees for the first 3 months of year one commitment are collected at time of original registration. Billing is then done in monthly increments starting with 1st day of the second month. Early termination not due to OnDemand capabilities will result in forfeiture of 3 months of service fees or remaining fees for contract terms less than 3 months.

From time to time, OnDemand may perform certain marketing services and introduce our visitors to third parties through various methods, including but not limited to (i) ads from ancillary service providers, (ii) third party ancillary directory listings, (iii) third party limited scope agreements, and (iv) third party referral services.

This site is not intended to create any broker-client relationship, and by using OnDemand, no broker-client relationship will be created with OnDemand. Instead, you are representing yourself in any charter negotiations you undertake through OnDemand's search service.

1. Privacy Policy. OnDemand respects your privacy and permits you to control the treatment of your personal information. A complete statement of OnDemand's current privacy policy can be found by clicking here. OnDemand's privacy policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the OnDemand website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of anyone else at any time. You agree to notify OnDemand immediately of any unauthorized use of your account, user name or password. OnDemand shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by OnDemand, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

2. Ownership. This Site is owned and operated by Ad Hoc, Inc., DBA OnDemand. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by OnDemand or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by OnDemand, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of OnDemand's intellectual property rights, whether by implication, or otherwise. OnDemand does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by OnDemand. Any rights not expressly granted herein are reserved by OnDemand.

3. Limited Permission to Download. OnDemand hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than OnDemand (the "Third Party Sites"). OnDemand works with a number of partners and affiliates whose sites are linked with OnDemand. OnDemand is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. OnDemand makes no guarantees about the content or quality of the products or services provided by such sites. OnDemand is not responsible for webcasting or any other form of transmission received from any Third Party Site. OnDemand is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OnDemand of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that OnDemand is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

5. Use of the OnDemand "Ratings." OnDemand Ratings (the "Rating System") is a method where members are able to rate carriers and ancillary service providers. Access to and use of the Rating System is subject to this paragraph, in addition to the other terms and conditions listed.

Rights and Responsibilities of OnDemand:

OnDemand is not the publisher or author of any works posted on the Rating System. It is a passive service for storage and dissemination of the ideas and opinions that OnDemand members may choose to post and distribute via the Rating System. OnDemand does not screen works before they are posted, and no prior approval is required for posting. OnDemand disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, OnDemand takes reasonable steps to maintain security. If you have reason to believe the system security has been breached, contact us by E-MAIL for help.

If OnDemand's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, OnDemand reserves the right to delete those files or to stop those processes. If the OnDemand technical staff suspects a user name is being used by someone who is not authorized by the proper user, OnDemand may temporarily disable that user's access in order to preserve system security. In all such cases, OnDemand will contact the member as soon as feasible.

OnDemand has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Rating System posting, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements.

OnDemand reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of OnDemand Users or Other Posters to the Rating System:

You are legally and ethically responsible for any postings - writings, files, pictures, or any other work - that you post or transmit on the Rating System (or any other OnDemand service that allows interaction or dissemination of information). In posting to the Rating System, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Rating System, you are responsible for obtaining the copyright holder's permission first.

Under United States Federal law, you retain copyright on all works you create and post to the Rating System, unless you choose specifically to renounce it. In posting a work on the Rating System, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to OnDemand to copy your works as part of the normal backup process. You have the right to remove any of your works from the Rating System at any time.

The use of your OnDemand user account or posting on the Rating System for any illegal activity under the laws of Texas and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside OnDemand's locality, place of business or your own residence. OnDemand is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and OnDemand cannot guarantee that you will not encounter legal trouble from other jurisdictions over your posting.

Your Rights and Responsibilities as an OnDemand User and Reader of Postings on the Rating System:

You are not required to provide your real name when signing up as a user of OnDemand. OnDemand permits anonymous or pseudonymous accounts. Any user may request that such member's e-mail address be hidden to provide for additional privacy.

If you have a complaint about the activity, behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, OnDemand staff will not take a role in mediating conflicts between you and other users. OnDemand does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, should such a complaint or conflict arise, the user or users may request that an OnDemand moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation. The decision to intervene rests with OnDemand, in its sole and absolute discretion.

Your access to the postings that users have posted on the Rating System is for your use only. If you want to redistribute postings you find on the Rating System, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact OnDemand via E-MAIL as soon as possible.

6. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ONDEMAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ONDEMAND MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ONDEMAND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ONDEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF ONDEMAND HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Indemnification. You agree to defend, indemnify and hold harmless OnDemand, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

9. Unsolicited Submissions. OnDemand does not want you to submit confidential or proprietary information to it through this Site. All comments, feedback, information or material submitted to OnDemand through or in association with this Site shall be considered non-confidential and OnDemand's property. By providing such submissions to OnDemand you hereby assign to OnDemand, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. OnDemand shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, ownership and content.

10. Compliance with Intellectual Property Laws. When accessing OnDemand or using OnDemand's search database, website or Charter Angel advisory service, you agree to obey the law and you agree to respect the intellectual property rights of others. You use of the Site and the Charter Angel advisory service is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any applicable laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID.

OnDemand has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of OnDemand or of a third party or that violate intellectual property rights generally. OnDemand's policy is to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like OnDemand to remove the material in question, please contact the OnDemand Business Development team.

11. Inappropriate Content. When accessing the OnDemand website or using OnDemand's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. OnDemand reserves the right to terminate or delete such material from its servers. OnDemand will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

12. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.

13. Children. Minors are not eligible to use the Site.

14. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Texas, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Texas, and exclusive venue shall lie in the County of Denton, Texas. You and OnDemand agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

15. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2007-2008, Ad Hoc, Inc. ALL RIGHTS RESERVED.

16. Trademarks. OnDemand, GotCharter.com, the OnDemand logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of OnDemand. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

17. Acknowledgement. BY USING ONDEMAND'S SERVICES OR ACCESSING THE ONDEMAND WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

Full Disclaimer. OnDemand is not a brokerage firm, and the employees and agents of OnDemand are not acting as your broker. OnDemand's carrier and aircraft search database is not a substitute for contact with carriers. OnDemand cannot provide final carrier selection advice and can only provide self-help services at your specific direction. OnDemand does not perform the services that a brokerage performs.

By using OnDemand to assist your self-representation, you agree to the following:

I am representing myself in this air charter matter. No broker-client relationship or privilege is created with OnDemand;
I have been informed of the services that OnDemand is performing, and the cost of these services;
No governmental entity or authority has evaluated or approved OnDemand's knowledge or experience, or the quality of OnDemand's services.
OnDemand exists solely within the County of Denton in the State of Texas. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of OnDemand occurs solely within the County of Denton in the State of Texas, and that all content and services shall be deemed to be served from, and performed wholly within, the County of Denton, Texas, as if I had physically traveled there to obtain the service. I agree that Texas law shall govern any disputes arising from my use of this website, and that the courts of the County of Denton, State of Texas, shall have exclusive jurisdiction over any disputes;
I understand OnDemand has the right to discontinue service & access to site for non-payment of fees.