Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
May 10, 2023
ATLANTIC AVIATION FBO HOLDINGS LLC, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES ("ATLANTIC AVIATION", “WE”) PROVIDES YOU ACCESS AND USE OF THIS WEBSITE AND THE AVIATION SERVICES SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE ("SERVICE TERMS"). BY ACCESSING, BROWSING AND USING THE WEBSITE http://www.AtlanticAviation.com (THE "SITE") AND/OR UTILIZING AVIATION SERVICES (COLLECTIVELY, “ATLANTIC SERVICES”), YOU AGREE TO BE BOUND BY THE SERVICE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SERVICE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE ATLANTIC SERVICES OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SERVICE TERMS, YOU MAY NOT USE OR REQUEST THE ATLANTIC SERVICES.
These Service Terms govern the access and use of the Atlantic Services, the creation and use of an Atlantic Aviation user ("You", "Your", "User") profile account ("Profile") and Atlantic Aviation Awards program account ("Program") on the Site and the acceptance of specific aviation services (the “Aviation Services”) from Atlantic Aviation for the customer and aircraft for whom this this registration has been processed (the “Applicable Customer”), if any.
If you decide not to agree to the Service Terms discussed herein, you may not create a Profile, set up a Program account, access Profile and Program sections of the Atlantic Aviation website, participate in the Program, or utilize the applicable Atlantic Services that are offered on a condition of accepting these terms.
These Service Terms apply regardless of the means by which the Atlantic Services or a Profile and/or the Program are accessed, including, but not limited to, through any Atlantic Aviation location, the URL address http://www.AtlanticAviation.com, electronic mail or links from another website via a computer, mobile device or any other means of access.
TERM AND ACCESS TO ATLANTIC SERVICES
User agrees to comply with all applicable statutes, ordinances, rules, regulations, orders or Atlantic Aviation imposed requirements, now in force or which may hereafter be in force, regulating the use, occupancy or alterations of any Atlantic Aviation facility. The agreement set forth in these Service Terms shall commence on the date accepted and acknowledged by User (the “Effective Date”) and shall be enforceable upon User and the Applicable Customer for a period of five (5) years from the Effective Date (the “Term”). Unless User or Atlantic Aviation gives written notice of termination to the other party at least sixty (60) calendar days prior to the end of the Term this agreement shall automatically renew for an additional term of five (5) years.
ATLANTIC AWARDS ELIGIBILITY AND REGISTRATION
A Profile allows users to create an account that offers frequent visitors a more user-friendly experience, including personalized messaging, access to reserve hangers and other Atlantic Services. The information stored in a Profile can be used to complete reservations and sign up for a Program account. You can only make use of pre-entered profile data when you are logged in to http://www.AtlanticAviation.com. A Profile and the registration for Atlantic Services are open to individuals who are currently employed by an authorized flight department. You must also be 18 years of age or older and are required to submit your name, street address, phone number and a valid email address. Further, by registering a particular aircraft and customer, you certify and agree that, in your capacity as pilot in charge of the applicable aircraft or other authorized employee, you have authority to accept these terms as a condition of receiving Atlantic Services with respect to the Applicable Customer and aircraft registered.
REGISTRATION: Users must register for a Profile at http://www.AtlanticAviation.com, accept these Service Terms and provide specified information.
PROGRAM ELIGIBILITY AND ENROLLMENT
A Program account allows you to participate in the Program and reserve Atlantic Services. To enroll in the Program, you must be currently employed by an authorized flight department or engaged as a pilot under command and control of the aircraft of an Applicable Customer. Eligibility is subject to the policies of your employer concerning the acceptance of incentive benefits. By participating in the Program, you warrant you are eligible to participate in the Program under such policies and agree to be bound by these Service Terms. You must also create a Profile, be 18 years of age or older, submit your name, street address, phone number, valid email address, valid social security number and date of birth.
You may not create an account using false personal information, create an account for anyone other than yourself, create more than one personal profile, or share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
Atlantic Aviation reserves the right to disqualify any User whose participation in the Program and/or claim for Program benefits is determined by Atlantic Aviation to violate applicable laws or regulations or constitute fraud or who fails to comply with these Site Terms. Employees of Atlantic Aviation and members of their family are not eligible to participate in the Program. For purposes of the Service Terms, “family” means the parents, spouses, siblings, children, parents-in-law, and fiancées of an Atlantic Aviation employee.
ATLANTIC AWARDS ENROLLMENT: Users must enroll in the Program by logging on to the Program’s website at http://www.AtlanticAviation.com, accepting these Service Terms and creating a Profile by providing specified personal identification information (including individual social security number).
ATLANTIC AWARDS REDEMPTION: Users receive one (1) Atlantic Award certificate for each 100 gallons of Jet A fuel purchased per transaction. Users must use http://www.AtlanticAviation.com to validate their Atlantic Awards. All Atlantic Awards expire on January 5 of the year following the issue date (the “Expiration Date”). Atlantic Awards certificates may only be validated once; lost Award certificates will not be replaced.
Atlantic Awards certificates have no cash value. Atlantic Awards certificates must be validated within the calendar year awarded (“Program Term”). Upon validating 50 certificates within the Program Term, the User will be issued an American Express Serve® Card (the “Program Card”) for use in connection with the Program. The Program Card will be mailed only to a U.S. street address. Users who have an active, non-expired Program Card will continue to use that Program Card until it expires. Additional Atlantic Awards certificates validated, within the Program Term, above the required 50 certificates, will be funded to the User’s Program Card. Atlantic Awards expire on the Expiration Date and do not carry over beyond the Expiration Date. See Program Term and Termination for more details.
Atlantic Awards certificates can only be validated once and may not be bartered, sold or gifted. They may only be transferred to or validated by a member of the flight department on the trip they were issued. Program accounts are reviewed monthly to ensure compliance.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROGRAM CARD: Users understand that additional terms and conditions apply to the American Express Serve® Card. These American Express Serve® Terms and Conditions can be found at serve.com/getpaid/legal. Users issued a Program Card agree to be bound by the American Express Serve® Terms and Conditions, as such terms may be modified by the issuer of such card (“American Express”) from time to time as provided in the terms.
TAXES: Users are responsible for all income and other taxes assessed in connection with the receipt of benefits under the Program.
PROGRAM TERM AND TERMINATION: Atlantic Aviation reserves the right, in its sole discretion, to modify, cancel, terminate or suspend the Program at any time. In the event of any termination of the Program, Atlantic Aviation may require Users to validate any unclaimed certificates within 10 days after notice of Program termination. In the event of Program termination, any issued Program Cards will remain open until their published expiration date.
SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Site requires a computer, approved mobile device or internet access connected through an internet or mobile service provider and with a web browser (i.e., Firefox or Microsoft Edge). To provide the highest degree of confidentiality and to protect the security of your financial information, you must have an internet browser that supports approved encryption methods employed by the Site. Use of the Site with lower than the approved encryption is strictly prohibited. To the extent you are able to access the Site using lower than the approved encryption, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these encryption requirements from time to time.
You agree to keep your user ID, password, and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorized access to your account and to prevent unauthorized use of the Site.
Username and Password Policy: By agreeing to these Service Terms, you agree to be solely responsible for the confidentiality and use of your username and password. As a condition of use, you must immediately notify us by calling 888-380-0685 if you become aware of any loss or theft of your username and password or any unauthorized use of your username and password.
We reserve the right, under certain circumstances, to deny your access to your Profile or the Program, or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the site or any other system. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
(a) BY USING THE SITE, PARTICIPATING IN THE PROGRAM OR UTILIZING ATLANTIC SERVICES, USERS AGREE TO RELEASE AND HOLD HARMLESS EACH OF ATLANTIC AVIATION, AMERICAN EXPRESS, AUTHORIZED ATLANTIC AVIATION DISTRIBUTORS AND BROKERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE OF ATLANTIC SERVICES AND/OR PARTICIPATION IN THE PROGRAM AND/OR RECEIPT OF BENEFITS THEREUNDER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATLANTIC AVIATION OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR DIMINUTION OF VALUE, LOSS OF REVENUE OR PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE ANY ATLANTIC SERVICES, THE PROGRAM OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, ANY ATLANTIC AVIATION FACILITY OR OPERATION (AN “ATLANTIC LOCATION”) OR THE SITE.
(b) ATLANTIC AVIATION AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR LATE, LOST, STOLEN, DAMAGED, INCOMPLETE, OR OTHER COMMUNICATIONS, FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS OR DELAYS IN OPERATIONS
OR TRANSMISSIONS OF INFORMATION, IN EACH CASE WHETHER ARISING BY WAY OF TECHNICAL OR OTHER FAILURES OR MALFUNCTIONS OF COMPUTER HARDWARE, SOFTWARE, COMMUNICATIONS DEVICES OR TRANSMISSION LINES OR DATA CORRUPTION, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PROGRAM MATERIALS, LOSS OR OTHERWISE. ATLANTIC AVIATION DISCLAIMS ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS OR USE OF THE SITE OR PARTICIPATION IN, OR ACCESSING OR DOWNLOADING INFORMATION
IN CONNECTION WITH, THE PROGRAM.
(c) These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware.
(d) Any claim or controversy ("Claim") between Atlantic Aviation and any User, Aviation Services customer or Site user, whether arising in contract or tort or by statute including, but not limited to, Claims resulting
from or relating to the utilization of Atlantic Services, the Site or the Program, shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code). Arbitration proceedings will be conducted
in accordance with the Commercial Arbitration Rules of the American Arbitration Association applicable at the time a demand for arbitration is served. The arbitration shall be conducted in Dallas County, Texas. The arbitration hearing
shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement, and any award, which may include legal fees, shall be issued (with a brief written statement of the reasons therefor)
within thirty (30) days of the close of hearing. Any dispute concerning whether a Claim is arbitrable or barred by the statute of limitations shall be determined by the arbitrator. BY AGREEING TO BINDING ARBITRATION, EACH OF THE USERS
AND ATLANTIC AVIATION IRREVOCABLY AND VOLUNTARILY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM. FURTHERMORE, IF FOR ANY REASON A CLAIM IS NOT ARBITRATED, SUCH PARTY IRREVOCABLY AND VOLUNTARILY AGREES
TO WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF SUCH CLAIM.
(e) CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ATLANTIC AVIATION RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
(f) Atlantic Aviation reserves the right to modify these Service Terms in its sole discretion from time to time and only Atlantic Aviation has the right to do so. If the Service Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Service Terms as revised, and your use of any Atlantic Services, the Program or the Site following the posting will constitute your acceptance of the new Service Terms.
(g) Atlantic Aviation grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Atlantic Aviation trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) making derivative uses of the Site and any Site Materials; or (e) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Atlantic Aviation or any third party. You may not use any meta tags or any other "hidden text" utilizing Atlantic Aviation's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Service Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
Atlantic Aviation may terminate this license and/or your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Atlantic Aviation reserves the right to have all violators prosecuted to the fullest extent of the law.
(h) All Site Materials are owned by Atlantic Aviation and others and are protected by United States and international copyright, trademark and other laws. ATLANTIC, ATLANTIC AVIATION, ATLANTIC AWARDS, and ABSOLUTELY ATLANTIC (and other registered trademarks owned by Atlantic Aviation now or in the future), and their respective designs and/or logos are either trademarks or registered trademarks of Atlantic Aviation and may not be copied, imitated or used, in whole or in part, without the prior written permission of Atlantic Aviation. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Atlantic Aviation, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Atlantic Aviation. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Except as stated in these Service Terms, none of the materials and intellectual property described in these Service Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Atlantic Aviation or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Atlantic Aviation - is strictly prohibited.
(i) This electronic document and any other electronic documents, policies and guidelines referenced in or incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
(j) If any provision of the Service Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Service Terms and shall not affect the validity and enforceability of any remaining provisions.
(k) No waiver, express or implied, by either party of any breach of or default under these Service Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.