Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
January 1, 2019
ATLANTIC AVIATION FBO HOLDINGS, LLC, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES ("Atlantic Aviation") PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THE http://www.AtlanticAviation.com SITE (the "Website" or "Site"), YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITE.
These Site Terms govern the access and use of the Site, as well as the creation and use of an Atlantic Aviation user ("You", "Your", "Participant", "User") profile account ("Profile") and Atlantic Aviation Awards program account ("Program", "Awards") on the Site.
If you decide not to agree to the Site Terms discussed herein, you may not create a Profile, set up an Awards account, access Profile and Awards sections of the Atlantic Aviation website, or participate in the Awards program.
These Site Terms apply regardless of the means by which Profile and/or Awards are accessed, including, but not limited to, through 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.
PROFILE ELIGIBILITY AND REGISTRATION
An Atlantic Aviation User Profile allows users to create an account that offers frequent visitors a more user-friendly experience, including personalized messaging. The information stored in a Profile can be used to complete reservations and sign up for an Awards account. You can only make use of pre-entered profile data when you are logged in to http://www.AtlanticAviation.com. A Profile is 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.
REGISTRATION: Participants must register for a Profile at http://www.AtlanticAviation.com, accept these Terms and Conditions and provide specified information.
AWARDS ELIGIBILITY AND ENROLLMENT
An Awards account allows you to participate in Atlantic Aviation's loyalty program. To enroll in Awards, you must be currently employed by an authorized flight department. Eligibility is subject to the policies of your employer concerning the acceptance of incentive benefits. By participating in Awards, you warrant you are eligible to participate in the program under such policies and agree to be bound by these Terms and Conditions. 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 Participant whose participation in the Program and/or claim for Program benefits is determined by Atlantic Aviation to violate applicable laws or regulations, constitute fraud, or fail to comply with these terms and conditions. Employees and their families of Atlantic Aviation are not eligible to participate in the program. For purposes of the Site Terms, "family" means the parents, spouses, children, parents-in-law, and fiancées of an Atlantic Aviation employee.
ENROLLMENT: Participants must enroll in the Program by logging on to the Program's website at http://www.AtlanticAviation.com, accepting these Site Terms and providing specified personal identification information (including individual social security number).
All data furnished by Participants will be used solely for purposes of administering the Program.
REDEMPTION: Participants receive one (1) Atlantic Award for each 100 gallons of Jet A fuel purchased per transaction. Participants must use http://www.AtlanticAviation.com to validate Atlantic Awards. All Atlantic Awards expire on January 5 of the year following the issue date. Atlantic Awards may only be validated once; lost Award certificates will not be replaced.
Awards certificates have no cash value. Atlantic Awards must be validated within the calendar year awarded ("Program Term"). Upon validating *
50 certificates 40 certificates within the Program Term, the participant 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. Participants
who have an active, non-expired Program Card will continue to use that Program Card until it expires. Additional Atlantic Awards validated, within the Program Term, above the required * 50 certificates
40 certificates, will be funded to the participant's Program Card. Atlantic Awards expire each calendar year and do not carry over to the following year. See Program Terms and Termination for more details.
*FOR A LIMITED TIME ONLY - 2020 CALENDAR YEAR THRESHOLD LOWERED TO 40 CERTIFICATES (AWARDS) $160.
Atlantic Awards can only be validated once and may not to 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. Accounts are reviewed monthly to ensure compliance.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROGRAM CARD: Users understand and agree to additional terms and conditions as they relate to the American Express Serve® Card. American Express Serve® Terms and Conditions can be found at serve.com/getpaid/legal.
TAXES: Participants are responsible for all income and other taxes assessed in connection with 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 Participants 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 or approved mobile device and Internet access connected through an Internet or mobile service provider and with a web browser (i.e., Firefox or Microsoft Internet Explorer).
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 website. 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 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 Site 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 888-213-8060 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 Awards, or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the website 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 participating in the Program, Participants agree to release and hold harmless 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 liability, loss or damages arising out of or in connection with the Participant's participation in the Program and/or receipt of benefits thereunder.
IN NO EVENT SHALL ATLANTIC AVIATION 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, LOSS OF 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 THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS 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 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 Participant or Site user, whether arising in contract or tort or by statute including, but not limited to, Claims resulting from or relating to 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 PARTICIPANTS 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 PROGRAM WEB 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 Site Terms in its sole discretion from time to time and only Atlantic Aviation has the right to do so. If the Site 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 Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site 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 this 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 Site 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 your use of or access to the Site if you make or permit any unauthorized use of this 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 reserve 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 Site Terms, none of the materials and Intellectual Property described in these Site 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 this 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 this 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 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 administer of 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 Site 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 Site 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 Site 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.
(l) If you are experiencing difficulties using the Site, please contact us at 888-213-8060.