CHARTWIND SERVICE AGREEMENT
This ChartWind Service Agreement constitutes the expressed written agreement between any and all users of the services hereinafter defined (“You” or “User”), and Chartwind, LLC, a Kansas limited liability company (“ChartWind”) or any of its Affiliated Companies or lawful assigns.
ChartWind maintains an online web-based portal located at http://chartwind.com/ (the “Website”) which provides the services hereinafter defined. In order to use ChartWind’s services, the User of such services acknowledges and expressly agrees to be bound by the terms and conditions that are set forth below. The electronic acknowledgment of the terms and conditions set forth in this Agreement shall be binding on all users and be subject to the expressed terms.
TERMS AND CONDITIONS:
1. CONTRACTUAL RELATIONSHIP
Your access and use of the Website and the ChartWind Service constitutes Your agreement to be bound by these Terms, which establishes a contractual relationship between You and ChartWind. If You do not agree to these Terms, You may not access or use the Website or the ChartWind Service. These Terms expressly supersede prior agreements or arrangements between You and ChartWind. ChartWind may immediately terminate these Terms or the ChartWind Service with respect to You, or generally cease offering or deny access to the Website or the ChartWind Service or any portion thereof, at any time for any reason.
ChartWind may amend the Terms related to the ChartWind Service from time to time. Amendments will be effective upon ChartWind’s posting of such updated Terms at this location. Your continued access or use of the ChartWind Service after such posting constitutes Your consent to be bound by the Terms, as amended.
2. CHARTWIND SERVICES
The ChartWind Service constitutes a technology platform that enables Users of ChartWind’s Website provided as part of the ChartWind Service to arrange and schedule aircraft chartering services (the “Aircraft Chartering Services”) with third-party providers of the Aircraft Chartering Services, including independent third-party transportation providers and third-party logistics providers under agreement with ChartWind or certain of ChartWind’s affiliates (the “Charter Operators”). Unless otherwise agreed by ChartWind in a separate written agreement with You, the ChartWind Service is made available solely for Your personal, noncommercial use. YOU ACKNOWLEDGE THAT CHARTWIND DOES NOT PROVIDE AIRCRAFT CHARTERING SERVICES OR FUNCTION AS AN AIR TRANSPORTATION CARRIER OR A PART 135 OPERATOR LICENSED BY THE U.S. FEDERAL AVIATION ADMINISTRATION (“FAA”).
A. LICENSE. Subject to Your compliance with these Terms, ChartWind grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Website solely in connection with Your use of the ChartWind Service; and (ii) access and use any content, information, and related materials that may be made available through the ChartWind Service or the Website, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ChartWind and its licensors.
B. RESTRICTIONS. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the ChartWind Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the ChartWind Service or Website except as expressly permitted by ChartWind; (iii) decompile, reverse engineer, or disassemble the ChartWind Service or Website except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the ChartWind Service or Website; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ChartWind Service or Website or unduly burdening or hindering the operation and/or functionality of any aspect of the ChartWind Service or Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the ChartWind Service or Website or any related systems or networks.
C. PROVISION OF THE CHARTWIND SERVICE. You acknowledge that portions of the ChartWind Service may be made available under ChartWind’s various brands or request options associated with transportation or logistics. You also acknowledge that the ChartWind Service may be made available under such brands or request options by or in connection with: (i) certain of ChartWind’s subsidiaries and affiliates; or (ii) independent Charter Operators or holders of similar transportation permits, authorizations, or licenses.
E. OWNERSHIP. The ChartWind Service and the Website, and all rights therein, are and shall remain ChartWind’s property or the property of ChartWind’s licensors. Neither these Terms nor Your use of the ChartWind Service convey or grant to You any rights: (i) in or related to the ChartWind Service except for the limited license granted above; or (ii) to use or reference in any manner in ChartWind’s company names, logos, product or service names, trademarks, or services marks or those of ChartWind’s licensors.
3. YOUR USE OF THE CHARTWIND SERVICE
A. USER ACCOUNTS. To use most aspects of the ChartWind Service and the Website, You must register for and maintain an active personal User account via the Website (“Account”).You must be at least 18 years of age, or the age of legal majority in Your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to ChartWind certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the ChartWind Service or Website or ChartWind’s termination of this Agreement with You. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ChartWind in writing, you may only possess one Account.
B. USER REQUIREMENTS AND CONDUCT. The ChartWind Service and Website are not available for use by persons under the age of 18. You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 to receive Aircraft Chartering Services from Charter Operators unless they are accompanied by You. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the ChartWind Service and Website, and you may only use the ChartWind Service and Website for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in Your use of the ChartWind Service cause nuisance, annoyance, inconvenience, or property damage, whether to the Charter Operator or any other party. ChartWind and the Charter Operator may require you to provide certain personal information, including proof of identity, to access or use the ChartWind Service or any Aircraft Chartering Services, and You agree that you may be denied access to or use of the ChartWind Service and Website if You refuse to provide such information.
C. TEXT MESSAGING. By creating an Account, You agree that ChartWind may send you informational text (SMS) messages as part of the normal business operation of Your use of the ChartWind Service. You may opt-out of receiving text (SMS) messages from ChartWind at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of the ChartWind Service.
D. PROMOTIONAL CODES. ChartWind may, in ChartWind’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the ChartWind Service and/or a Charter Operator’s Aircraft Chartering Services, subject to any additional terms that ChartWind establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ChartWind; (iii) may be disabled by ChartWind at any time for any reason without liability to ChartWind; (iv) may only be used pursuant to the specific terms that ChartWind establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to Your use. ChartWind reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other User in the event that ChartWind determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
E. USER-PROVIDED CONTENT. ChartWind may, in ChartWind’s sole discretion, permit You from time to time to submit, upload, publish, or otherwise make available to ChartWind through the Website textual, audio, and/or visual content and information, including commentary and feedback related to the ChartWind Service, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by You remains Your property. However, by providing User Content to ChartWind, You grant ChartWind a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the ChartWind Service and ChartWind’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents, and releases necessary to grant ChartWind the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing, or otherwise making available of such User Content nor ChartWind’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third-party’s intellectual property or proprietary rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ChartWind in its sole discretion, whether or not such material may be protected by law. ChartWind may, but shall not be obligated to, review, monitor, or remove User Content, at ChartWind’s sole discretion and at any time and for any reason, without notice to You.
F. NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the ChartWind Service and Website. Your mobile network’s data and messaging rates and fees may apply if You access or use the ChartWind Service and Website from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the ChartWind Service and Websites, including any updates thereto. ChartWind does not guarantee that the ChartWind Service or Website, or any portion thereof, will function on any particular hardware or device. In addition, the ChartWind Service and Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
G. USER RESPONSIBILITIES. You agree to use the ChartWind Service solely for the purpose of requesting a Flight from a Charter Operator providing Aircraft Chartering Services. Upon ChartWind matching You with a Charter Operator for a Flight, You agree to enter into a Charter Contract (as defined below) with the Charter Operator for the Flight. You agree that You are responsible for providing to the Charter Operator any information which the Charter Operator requires to provide the Flight and Aircraft Chartering Services to You, including information and documentation required to make arrangements for the loading and unloading of the Aircraft and the departure from and arrival at certain locations incidental to the Flight. Further, You agree that You are responsible for providing any information and documentation required by law, regulation, or governmental authority in order for You to receive the Aircraft Chartering Services.
4. PAYMENT OF USER FEE
A. USER FEE. You understand that Your use of the ChartWind Service may result in charges to you for the Aircraft Chartering Services you receive from a Charter Operator (“User Fee”). You may access the Website for the purpose of obtaining an instance of transportation on an aircraft provided by a Charter Operator (the “Aircraft”) offering Aircraft Chartering Services (the “Flight”). Upon Your request for a Flight via the Website and a Charter Operator’s acceptance of Your request for a Flight, You shall pay a User Fee in the amount of $400.00. The User Fee shall be due and payable in full immediately upon the Charter Operator’s acceptance of Your request for a Flight. Payment of the User Fee will be facilitated by ChartWind using the preferred payment method designated in Your Account, after which ChartWind will send You a receipt by email. If Your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, You agree that ChartWind may use a secondary payment method designated in Your Account, if available. The User Fee will not be inclusive of applicable taxes required by law, and such taxes shall be applied via the Website at payment. The User Fee paid by You is final and non-refundable, unless otherwise determined by ChartWind pursuant to Section 4.C below.
B. USER FEE CHANGE. The User Fee may be subject to change and ChartWind reserves the right to establish, remove, and/or revise the User Fee at any time in ChartWind’s sole discretion. ChartWind will use reasonable efforts to inform You of any changes in User Fees, provided that You shall be responsible for any User Fees incurred under Your Account regardless of Your awareness of such changes in User Fees or the amounts thereof. ChartWind may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar Aircraft Chartering Services obtained through Your use of the ChartWind Service. You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the ChartWind Service or the User Fees applied to You.
C. REFUND OF USER FEE. In the event that the Charter Operator fails to provide the Flight and such failure is caused by fault of the Charter Operator (such as failures caused by Aircraft maintenance problems) or inclement weather, ChartWind shall refund to You the full amount of the User Fee incurred for the Flight.
D. CANCELLATION OF FLIGHT. As discussed in Section 4.F below, Your payment to the Charter Operator for the Aircraft Chartering Services and the Flight shall be governed by a contractual relationship between You and the Charter Operator, said relationship being entirely separate from this Agreement. As such, You may be liable to the Charter Operator for any damages, fees, expenses, costs, penalties, and/or other amounts caused by the cancellation of a Flight requested by You and accepted by the Charter Operator.
E. REPAIR OR CLEANING FEES. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, the Aircraft provided by the Charter Operator for Your Flight resulting from Your use of the ChartWind Service under Your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Charter Operator reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by ChartWind in ChartWind’s reasonable discretion, ChartWind reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning (“Repair or Cleaning Fee”) on behalf of the Charter Operator using Your payment method designated in Your Account. Any Repair or Cleaning Fees shall be transferred by ChartWind to the applicable Charter Operator and are non-refundable.
F. PAYMENT TO CHARTER OPERATOR. The Charter Operator and the User shall enter into a contractual relationship for the Flight and Aircraft Chartering Services which is entirely separate from this Agreement (the “Charter Contract”). As such, the User shall pay directly to the Charter Operator any and all costs, expenses, charges, fees, penalties, and other amounts owed by the User to the Charter Operator related to the Flight and the Aircraft Charter Service pursuant to the terms of the Charter Contract. ChartWind bears no responsibility for the obligations of the Charter Operator and the User under the terms of the Charter Contract, including termination or breach thereof. You hereby expressly agree and acknowledge that ChartWind is not an agent of any Charter Operator providing Aircraft Chartering Services to You via the ChartWind Service and/or the Website.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
A. DISCLAIMER. THE CHARTWIND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CHARTWIND IS NOT A PART 135 OPERATOR LICENSED BY THE FAA. CHARTWIND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, CHARTWIND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE CHARTWIND SERVICE OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE CHARTWIND SERVICE, OR THAT THE CHARTWIND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. CHARTWIND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THE CHARTER OPERATORS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CHARTWIND SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY. CHARTWIND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE CHARTWIND SERVICE AND/OR WEBSITE, EVEN IF CHARTWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHARTWIND SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON, OR YOUR INABILITY TO ACCESS OR USE, THE CHARTWIND SERVICE AND/OR THE WEBSITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CHARTER OPERATOR, EVEN IF CHARTWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHARTWIND SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CHARTWIND’S REASONABLE CONTROL. IN NO EVENT SHALL CHARTWIND’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE CHARTWIND SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THE CHARTWIND SERVICE AND THE WEBSITE MAY BE USED BY YOU TO REQUEST AND SCHEDULE AIRCRAFT CHARTERING SERVICES WITH CHARTER OPERATORS, BUT YOU AGREE THAT CHARTWIND HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY AIRCRAFT CHARTERING SERVICES PROVIDED TO YOU BY CHARTER OPERATORS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
C. INDEMNITY. You agree to indemnify and hold ChartWind and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) Your use of the ChartWind Service or services or goods obtained through Your use of the ChartWind Service; (ii) Your use of the Aircraft Chartering Services provided by Charter Operators; (iii) Your breach or violation of any of these Terms; (iv) ChartWind’s use of Your User Content; or (v) Your violation of the right of any third-party, including Charter Operators.
6. DISPUTE RESOLUTION
A. ARBITRATION. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or Your use of the ChartWind Service or the Website (collectively, “Disputes”)will be settled by binding arbitration between You and ChartWind, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and ChartWind are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action representative proceeding. Further, unless both You and ChartWind otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 6 will be deemed void. Except as provided in the preceding sentence, this Section 6 will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section 6. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 6.
C. ARBITRATION PROCESS. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Kansas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within fifteen (15) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
D. ARBITRATION LOCATION AND PROCEDURE. Unless You and ChartWind otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and ChartWind submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. ARBITRATOR’S DECISION. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the Section 5 above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If ChartWind prevails in arbitration, ChartWind will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. You will not seek, and hereby waives all rights You may have under applicable law to recover, attorneys’ fees and expenses if You prevail in arbitration.
F. FEES. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
G. CHANGES. Notwithstanding the provisions of the modification-related provisions of Section 1 above, if ChartWind changes this Section 6 after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by providing ChartWind written notice of such rejection by mail or hand delivery to: ChartWind, 400 N. Woodlawn Suite 203 Wichita , Kansas 67208 , or by email from the email address associated with Your Account to: mike@Chartwind.com, within thirty (30) days of the date such change became effective, as indicated in the “Last Update” date herein. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to this Section 6. By rejecting changes, You are agreeing that You will arbitrate any Dispute between You and ChartWind in accordance with the provisions of this Section 6 as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
7. OTHER PROVISIONS
A. CHOICE OF LAW. These Terms are governed by and construed in accordance with the laws of the State of Kansas, U.S.A., without giving effect to any conflict of law principles.
B. CLAIMS OF COPYRIGHT INFRINGEMENT. Claims of copyright infringement should be sent to ChartWind’s designated agent. Please visit ChartWind’s web page at http://chartwind.com/ for the designated address and additional information.
C. NOTICE. ChartWind may give notice by means of a general notice on the ChartWind Service, electronic mail to Your email address in Your Account, or by written communication sent by first class mail or pre-paid postage to Your address in Your Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid postage) or twelve (12) hours after sending (if sent by email). You may give notice to ChartWind, with such notice deemed given when received by ChartWind, at any time by first class mail or pre-paid post to ChartWind, Attn: User Notices - Legal, 400 N. Woodlawn , Suite 203 Wichita, Kansas 67209.
D. GENERAL. You may not assign these Terms without ChartWind’s prior written approval. ChartWind may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ChartWind’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between You, ChartWind or any Charter Operator as a result of this Agreement or Your use of the ChartWind Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ChartWind’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ChartWind in writing.
By checking “I ACCEPT”, You expressly acknowledge that You have freely and voluntarily read these terms and conditions under this Agreement and expressly acknowledge and agree to be bound by the terms and conditions herein, and further acknowledge that You are of legal age, legally competent, and accept to be bound under the terms and conditions herein with ChartWind.
THIS VERSION IS EFFECTIVE AND UPDATED AS OF: October 9, 2015.