terms of service

Terms of Service

 

The JetsetIQ Terms of Service were updated on November 9, 2023

 

Please read these Terms of Service (“Terms”, “Terms of Service”, “Terms of Use”) carefully because they govern your use of the mobile application (“App”) and the website (“Site”) offered by 9ine 2wo 5ive LLC (“us”, “we”, or “our”) and services accessible via the App and the Site, which estimate the greenhouse gas emissions resulting from a user’s flights and allows the user to track such emissions activities, and purchase carbon credits to help mitigate and/or offset such emissions. 

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Important notice regarding arbitration: When you agree to these terms you are agreeing to resolve any dispute between you and 9ine 2wo 5ive LLC through binding, individual arbitration rather than in court.

 

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

 

Accounts

 

For certain features of the Services, you’ll need an account (“Account”). It’s important that you provide us with accurate, complete and current Account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account.

 

To protect your Account, keep the Account details and any login credentials confidential. You are responsible for all activities that occur under your Account.

 

You understand that to use certain features of the Services, you’ll need to link certain third-party accounts such as your email account (“Third-Party Accounts”) with your Account. You represent and warrant that you have (and will have) all rights that are necessary to access and use such Third-Party Accounts in connection with your use of the Services.

 

Purchases

 

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, credit card security code, credit card expiration date, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase or Transaction; and that (ii) the information you supply is true, correct and complete.

 

When you make a purchase (“Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. 

 

By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

 

9ine 2wo 5ive LLC requires payment of a fee for use of certain features of the Services (for example, to acquire carbon offsets through the Services) and you agree to pay such fees. 

 

By making a payment through the Services in connection with your purchase of a carbon offset, you agree and acknowledge that you are contributing to one or more carbon reduction projects chosen by 9ine 2wo 5ive LLC.

 

Upon your reasonable written request, 9ine 2wo 5ive LLC will provide its available documentation relating to the purchase and design of the carbon reduction project(s) chosen by 9ine 2wo 5ive LLC.  Such documentation will be made available to you by email or otherwise communicated to you and may include certification by a third party.

 

Refunds

 

Your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your payment at any time.

 

If something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction.

 

Except when required by law, paid Purchase fees are non-refundable.

 

Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of 9ine 2wo 5ive LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 9ine 2wo 5ive LLC.

 

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

 

Links to Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by 9ine 2wo 5ive LLC.

 

9ine 2wo 5ive LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that 9ine 2wo 5ive LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Availability, Errors and Inaccuracies

 

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites or apps. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Termination

 

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you.

 

General Prohibitions

 

(a) Use, display, mirror or frame the Services or any individual element within the Services, without 9ine 2wo 5ive LLC’s express written consent;

 

(c) Access, tamper with, or use non-public areas of the Services, 9ine 2wo 5ive LLC’s computer systems, or the technical delivery systems of 9ine 2wo 5ive LLC’s providers;

 

(d) Attempt to probe, scan or test the vulnerability of any 9ine 2wo 5ive LLC system or network or breach any security or authentication measures;

 

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 9ine 2wo 5ive LLC or any of 9ine 2wo 5ive LLC’s providers or any other third party (including another user) to protect the Services;

 

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 9ine 2wo 5ive LLC or other generally available third-party web browsers;

 

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

 

(h) Use any meta tags or other hidden text or metadata utilizing an 9ine 2wo 5ive LLC trademark, logo URL or product name without 9ine 2wo 5ive LLC’s express written consent;

 

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

 

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

 

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

 

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

 

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

 

(n) Impersonate or misrepresent your affiliation with any person or entity;

 

(o) Violate any applicable law or regulation; or

 

(p) Encourage or enable any other individual to do any of the foregoing.

 

Indemnification

 

You agree to defend, indemnify and hold harmless 9ine 2wo 5ive LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation of Liability

 

In no event shall 9ine 2wo 5ive LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Warranty Disclaimers

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

9ine 2wo 5ive LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) the Service will remain available; c) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

 

If you have any questions about these Terms, please contact us at info@jetsetiq.com.