Subject to these Terms, PreFlight grants you a non-exclusive, non-transferable,
limited right to access, use and display this Site, and to download and print the
information and other content on the Site ("Materials") only as incidental to your
personal and business activities conducted on the Site. You agree not to interrupt
or attempt to interrupt the operation of this Site in any way.
You may not: (1) modify, adapt, translate or create derivative works based upon
the Materials; (2) reverse engineer, decompile, decrypt, disassemble or otherwise
attempt to discover the source code of any of the Site's software, or reduce such
software to a human readable form, or permit third parties to do so, or print or
copy the HTML or other computer programs that are viewable at the Site; (3) resell,
sublicense, publicly display, perform, distribute or publish the Site or any copy
of the Materials, in any medium (including other web sites or intranets), except
that you may distribute permitted copies as incidental to your personal and business
activities conducted on the Site; (4) remove, obscure, or alter any copyright notice,
trademark, or other proprietary rights notices affixed to or contained within the
Site and the products and services offered therein; (5) create any frames at any
other web sites pertaining to or using any of the Materials provided through the
Site; or (6) incorporate any of the Materials made available on the Site in any
other database or compilation, unless expressly permitted in writing.
You agree to comply with all copyright laws worldwide in your use of this Site and
to prevent any unauthorized copying of the Materials. Except as expressly provided
herein, PreFlight does not grant any express or implied right to you under any patents,
trademarks, copyrights or to any of PreFlight's trade secret information.
ACCOUNTS & REGISTRATION
Certain areas of this Site may require you to register, establish an account and
user profile, or may otherwise ask you to provide information to participate in
certain features, obtain certain services or access certain Materials. The decision
to register or provide such information is purely optional; however, if you elect
not to register or provide such information, you may not be able to access certain
Materials, obtain certain services or participate in certain features of this Site.
When you provide information to this Site, you agree to provide only true, accurate,
current and complete information. You also agree to promptly update your user profile
as necessary to ensure that such information at all times remains accurate and complete.
Information provided during the registration process will be treated in accordance
We reserve the right, in our sole discretion, to reject your registration for any
lawful reason, and to terminate your account or otherwise deny you access without
notice and without liability.
Users who have registered or established an account may also be required to select
or obtain a valid username and password. Passwords must contain between eight and
twelve characters and at least one numeral. You are responsible for the proper use
and security of your password, and agree to take all reasonable precautions to protect
the security and integrity of your password and to prevent its unauthorized use.
Your password should never be shared with anyone, including others within your organization.
You will be solely responsible for all actions taken through the use of your password.
You must immediately notify PreFlight in writing if you become aware of any unauthorized
access to or use of your password and/or the Site, or if your password is lost or
stolen. Such notice, however, does not release you from responsibility for any unauthorized
access to the Site, or any losses suffered by you, other users or PreFlight, facilitated
through the loss or unauthorized use of your password.
You agree that you will not:
Use the Site in any manner that could damage, disable, overburden, or impair the
Interfere with the security of, or otherwise abuse, the Site, or any services, system
resources, accounts, servers, or networks connected to or accessible through the
Site or affiliated or linked sites. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in any violation
of system security, PreFlight reserves the right to release your details to system
administrators at other websites in order to assist them in resolving security incidents.
Disrupt or interfere with any other person's use of the Site or affiliated or linked
Attempt to obtain unauthorized access to the Site or portions of the Site that are
restricted from general access.
Use or attempt to use another's account, service, or system without authorization
Create or use a false identity on the Site.
Post or otherwise disseminate on or through the Site harassing, defamatory, libelous,
tortious, offensive, threatening, obscene, or otherwise unlawful communications
or materials of any kind, or materials that infringe or violate any third party's
copyright, trademark, trade secrets, privacy, or other proprietary or property right
or that could constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable law.
Use any robot, spider, or other automatic device to monitor or copy the web pages
or the content contained at the Site.
Allow access to or use the Site or any component thereof by or for the benefit of
any third parties who are not users, including, without limitation, providing timeshare
services, service bureau services, outsourcing or consulting services, without PreFlight's
prior written consent, or for any unlawful purpose or in furtherance of any unlawful
Upload or transmit to PreFlight's Site or computer systems any computer virus, worm,
time bomb, or other harmful programming routine.
Incorporate into another site or other service any intellectual property of PreFlight
or its licensors.
Create the appearance, by linking or otherwise, that you or any third party is associated
with or sponsored by PreFlight.
As a convenience to you, PreFlight may provide, on this Site, links to web sites
operated by other entities. If you use these web sites, you will leave this Site.
If you decide to visit any linked web site, you do so at your own risk and it is
your responsibility to take all protective measures to guard against viruses or
other destructive elements. PreFlight makes no warranty or representation regarding,
and does not endorse, any linked web sites or the information appearing thereon
or any of the products or services described thereon. Links do not imply that PreFlight
endorses, is affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible through
the links, or that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of PreFlight or any of its affiliates or subsidiaries.
EXTERNAL LINKS TO THE SITE
All links to this Site must be approved in writing by PreFlight, except that PreFlight
consents to links in which: (i) the link, when activated by a user, displays that
page full-screen in a fully operable and navigable browser window and not within
a "frame" on the linked website; and (ii) the appearance, position, and other aspects
of the link neither creates the false appearance that an entity or its activities
or products are associated with or sponsored by PreFlight, nor damages or dilutes
the goodwill associated with the name and trademarks of PreFlight or its affiliates.
PreFlight reserves the right to revoke this consent to link at any time in its sole
Information will be collected, processed, used, communicated, and disclosed by PreFlight
for the purposes of monitoring your accounts and business, servicing your account,
enforcing PreFlight's rights, providing and offering products and services and to
facilitate transactions that you enter into with PreFlight. You can find further
information on the collection, use, communication and disclosure of personal information
which is incorporated by reference into these Terms. Information that you provide
via the Site, together with information regarding the manner in which you use the
Site, will be used, processed, communicated and disclosed as permitted by these
other agreements between the parties related to such information, and as otherwise
permitted by law. In the event of any conflict between these Terms or any other
terms on the Site, these Terms shall control.
INFORMATION PROVIDED BY YOU
Any Personal Information (as defined in the
PreFlight does not want you to, and you should not, send any confidential or proprietary
information to PreFlight via this Site. You agree that any information or materials
that you or individuals acting on your behalf provide to PreFlight will not be considered
confidential or proprietary except insofar as the
You further recognize that PreFlight does not want you to, and you warrant that
you shall not, provide any information or materials to PreFlight that is defamatory,
threatening, obscene, harassing, or otherwise unlawful, or that incorporates the
proprietary material of another.
DISCLAIMER OF WARRANTIES
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PreFlight DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF
ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH
THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT,
MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PreFlight RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS
SITE. PreFlight MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT
THIS SITE, AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
PreFlight, ITS PARENT, AFFILIATES, AND TRUSTED THIRD PARTIES (AS DEFINED IN THE
SECTION TITLED "THIRD PARY BENEFICIARIES"), AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND,
UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF
THE POSSIBILITY THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT PREFLIGHT IS
FOUND TO BE LIABLE, PreFlight'S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED
TO $100. WITHOUT LIMITING THE FOREGOING, PreFlight, ITS PARENT, AFFILIATES, AND
TRUSTED THIRD PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,
SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY
RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY
OR TIMELINESS OF ANY INFORMATION SENT OR RECEIVED, OR FOR ANY LOSSES, ERRORS OR
DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER
SOFTWARE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PREFLIGHT AND YOU. THE SITE WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATION
WAIVER AND RELEASE
You release, discharge and hold harmless PreFlight and its respective directors,
officers, employees and agents from any and all liability, claims or causes of action
(known or unknown) arising out of any negligent act committed by or on behalf of
PreFlight in connection with the operation or use of the Site. YOU ACKNOWLEDGE THAT
YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS
A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL
ACTION TO ASSERT A CLAIM AGAINST PreFlight OR THE OTHER PARTIES SET OUT ABOVE FOR
ITS OR THEIR NEGLIGENCE. If you are a California resident, you waive California
Civil Code §1542, which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
You agree to indemnify, hold harmless, and defend PreFlight and its respective directors,
officers, employees and agents (each, an "Indemnitee") from and against any
and all liabilities, damages, costs, losses and expenses, including settlement awards
and reasonable costs and attorney's fees (for both in-house and outside counsel),
incurred by an Indemnitee that arise out of your: (a) breach of these Terms; (b)
violation of any law; (c) infringement or misappropriation of any third party's
rights; or (d) use of information posted on or made available through the Site.
NO CONFIDENTIAL, FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP
You acknowledge that by using the Site, no confidential, fiduciary, contractually
implied or other relationship is created between you and PreFlight, other than the
express contractual relationship provided in these Terms and any other written agreement
between you and PreFlight (including monthly or other parking agreements). We reserve
the right at all times to fully cooperate with any law enforcement authorities,
or comply with any court order or subpoena requesting or directing us to disclose
any information concerning a user of the Site. BY ACCEPTING THESE TERMS YOU WAIVE
AND HOLD HARMLESS PREFLIGHT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PREFLIGHT
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE
OF INVESTIGATIONS BY EITHER PreFlight OR LAW ENFORCEMENT AUTHORITIES.
PreFlight reserves the right to modify or add to these Terms at any time without
prior notice ("Updated Terms"). You agree that we may notify you of the Updated
Terms by posting them on this Site so that they are accessible via a link on the
home page, and that your use of this Site after we have posted the Updated Terms
(or engaging in such other conduct as we may reasonably specify) constitutes your
agreement to the Updated Terms. Therefore, you should review these Terms before
using this Site. The Updated Terms will be effective as of the time of posting,
or such later date as may be specified in the Updated Terms, and will apply to your
use of this Site from that point forward. IN THE EVENT OF ANY MATERIAL CHANGE TO
THESE TERMS, A NOTIFICATION WILL ALSO BE POSTED ON THE SITE FOR THIRTY (30) DAYS.
PreFlight may terminate, change, suspend or discontinue any aspect of the Site,
including the availability of any features of this Site, at any time. PreFlight
may also impose limits on certain features and services or restrict your access
to parts or all of this Site without notice or liability. PreFlight may terminate
the authorization, rights and license given above and, upon such termination, you
shall immediately destroy all Materials.
COMPLIANCE WITH LAWS
You agree to comply with all laws, rules and regulations issued by any government,
or any authority, department or agency thereof ("Laws") of the United States or
any other jurisdiction where you are using the Site that are applicable to your
use of the Site, including, without limitation, Laws governing business practices,
contract formation and interpretation, competition, export controls, and data privacy
INTERNATIONAL USERS AND CHOICE OF LAW
This Site is controlled, operated and administered by PreFlight from its offices
within the United States of America. PreFlight makes no representation that Materials
at this Site are appropriate or available for use at other locations outside of
the United States. Access to the Materials is prohibited from territories where
their contents are illegal or in which use of them would subject PreFlight to any
registration requirement. If you access this Site from locations outside of the
United States, you are responsible for compliance with all local laws. These Terms
shall be governed by the laws of the United States and the State of Illinois without
giving effect to its conflict of laws provisions.
You agree that the Uniform Computer Information Transaction Act or any version thereof,
adopted by any state, in any form ("UCITA"), shall not apply to these Terms.
To the extent that UCITA is applicable, the parties agree to opt out of the applicability
of UCITA pursuant to the opt-out provision(s) contained therein.
PreFlight's contractors, vendors, distributors or business partners (collectively,
"Trusted Third Parties") may provide software, hosting and/or other functions
related to the operation of the Site. Trusted Third Parties are intended third party
beneficiaries of these Terms. Except as expressly stated in the preceding sentence,
PreFlight and you do not intend to confer any benefit hereunder on any person or
entity other than the parties hereto
TERM AND TERMINATION
PreFlight reserves the right to terminate your access to and use of this Site in
its sole discretion, without notice and liability, including, without limitation,
if PreFlight believes your conduct fails to conform with these Terms. PreFlight
also reserves the right to investigate suspected violations of these Terms, including,
without limitation, any violation arising from any e-mails you send to this Site
or PreFlight. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to this Site, or upon demand from PreFlight, all
rights granted to you under these Terms will cease immediately, and you agree that
you will immediately discontinue use of this Site.
COPYRIGHT AND TRADEMARK INFORMATION
"PreFlight," the PreFlight "check mark", and all other
trademarks, unless otherwise noted, are owned or licensed by the PreFlight, its
parent, affiliates or subsidiaries. All other brand names, product names, or trademarks
belong to their respective holders.
Adobe®, Acrobat®, and Reader® are either registered trademarks or trademarks of
Adobe Systems Incorporated in the United States and/or other countries - for further
details please see http://www.adobe.com.
ENTIRE AGREEMENT; GENERAL PROVISIONS
These Terms, together with the
relating to your use of this Site, and supersede all prior or contemporaneous agreements
with respect to the subject matter hereof. (Note that these Terms apply only to
your use of this Site. When you enter into a transaction via this Site, such as
making a parking reservation, such transaction
will be subject to a separate agreement that will be disclosed to you at the time
you enter into the transaction.) PreFlight may assign its rights and obligations
under these Terms but you may not. Any cause of action you may have with respect
to your use of this Site must be commenced within one (1) year after the claim or
cause of action arises. Except for those rights specifically waived by you herein,
any waiver of any rights of either party must be in writing, signed by the waiving
party, and any such waiver shall not operate as a waiver of any future breach of
these Terms. The language in these Terms shall be interpreted as to its fair meaning
and not strictly for or against either party. If for any reason a court of competent
jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to affect
the intent of the Agreement, and the remainder of this Agreement shall continue
in full force and effect.