MINNESOTA AIR WEBSITE TERMS OF USE

 

Minnesota Air, Inc. (“Minnesota Air”) operates the websites or web content that links or refers to this Terms of Use document (“Covered Websites”).  By accessing and using the Covered Websites, you agree to each of the terms and conditions set forth in this Terms of Use document (hereinafter referred to as this “Agreement”).

Minnesota Air reserves the right to modify this Agreement at any time without giving you prior notice.  Your use of the Covered Websites following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.  The last date this Agreement was revised is set forth below.

1. Access to the Covered Websites.  This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent or partner of each organization you represent in connection with any use of the Covered Websites) and Minnesota Air.  By using the Covered Websites, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you.  If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Covered Websites.

By using the Covered Websites in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent or partner of such organization which you represent, and references in this Agreement to “you” shall mean both you as the individual user of the Covered Websites and you in your capacity as a representative of your organization.

Notwithstanding the forgoing, any signed agreement between you and Minnesota Air, will supersede any conflicting term in this Agreement.
 
2. Description of Web Content.  The Covered Websites provide Web Content that comprises a variety of resources, and may include information about Minnesota Air and its products or services, information about contacting Minnesota Air, as well as other materials, information and content that you see, hear or otherwise experience on the Covered Websites (collectively, the “Content”).  The Content, including any updates, enhancements, and new features are provided subject to the terms of this Agreement.
 
3. Intellectual Property.  The Covered Websites and Content are protected by U.S. and international copyright, trademark and other laws, and belong to Minnesota Air or its parent, partners, affiliates, contributors or third parties.

Minnesota Air grants you a personal, non-exclusive, non-transferable license to view the Covered Websites and the Content and to download, print and store portions of the Content that you select, provided that you:  (1) only use these copies of the Content for your own use in making personal or business decisions, but in no way reuse the content commercially; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.  No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license.  Minnesota Air reserves complete title and full intellectual property rights in any Content you download from the Covered Websites, subject to this limited license for you to make personal use of the Content as set forth above.

You may not use any of the marks or logos appearing throughout the Covered Websites without express written consent from the trademark owner, except as permitted by applicable law.

You may not mirror, replicate, or frame the home page or any other pages of Covered Websites on any other website or webpage.

If you wish to make any general complaint regarding any Content, please contact Minnesota Air at rlienke@minnair.com

4. Disclaimer of Warranties.  MINNESOTA AIR PROVIDES THE COVERED WEBSITES AND ALL CONTENT STRICTLY ON AN “AS-IS” AND “AS AVAILABLE ” BASIS.  SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW,MINNESOTA AIR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY COVERED WEBSITES OR CONTENT.  MINNESOTA AIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT IN REGARD TO THE COVERED WEBSITES AND CONTENT.  MINNESOTA AIR DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE COVERED WEBSITES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN THE COVERED WEBSITES OR THE CONTENT WILL BE CORRECTED.  MINNESOTA AIR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

Additional Disclaimers.  Without limiting the disclaimers set forth above:

a. Third Party Links.  Hypertext links to third party websites or information do not constitute or imply the endorsement, sponsorship or recommendation by Minnesota Air of the third party, the third party website, or the information contained therein.  You acknowledge and agree that Minnesota Air is not responsible for the availability of any such websites and that Minnesota Air does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. Further, you should consult the privacy statements or policies posted on third party websites to determine how the third party may use personal information that is provided by or collected from you.  Minnesota Air disclaims any and all responsibility and liability for the collection and transfer of information collected by such other third party websites.
You may provide a hypertext link to the Covered Websites on your website under the following conditions: (a) the link must be a text-only link marked with “Minnesota Air” or the name of the Covered Website; (b) the usage of the link may not create an appearance of authorship, sponsorship or endorsement by Minnesota Air; and (c) the link must display the Covered Websites full-screen and not within a frame on your website or any other website.  In its sole discretion, Minnesota Air reserves the right to revoke its consent to the link at any time, for any reason.
 
b. Geographic Limitations on Use.  Like most Internet websites, this Covered Websites is accessible worldwide.  However, unless otherwise stated, the Content is intended for use in the United States and provision of the Content is thusly limited.  You agree to comply with all applicable laws and local rules of Minnesota and of your jurisdiction regarding the transmission of technical data, acceptable content, and online conduct.
 

5. Limitation of Liability.  EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT SHALL MINNESOTA AIR, OR ANY OF ITS MEMBERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE SITE OR ANY CONTENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF MINNESOTA AIR, OR ITS AGENTS, HAVE BEEN ADVISED OF THE LIKELIHOOD THEREOF.

6. Reservation of Rights.  Minnesota Air reserves the right in its sole discretion, and at any time, (under no penalty or liability of any kind) to: (a) suspend or terminate access or use of all or any part of the Covered Websites; (b) change the format and contents of the Covered Websites; or (c) suspend, terminate operation or block all or part of the Covered Websites.

7. Indemnification.  Minnesota Air provides the Covered Websites and Content solely as an accommodation to you, and Minnesota Air will not accept any risks arising from your use of the Covered Websites or Content.  You agree to indemnify, defend and hold harmless Minnesota Air, any parent or subsidiary companies, affiliated companies, joint venturers, business partners, licensors, employees, agents, contractors, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, misuse, or inability to use the Covered Websites or the Content, (ii) your reliance upon the Content, (iii) your failure to maintain the security and secrecy of your account-related Information (as defined in Section 10 below) and any resulting unauthorized access or damage, including access or damage caused by third parties, (vi) claims related to information you provide to Minnesota Air, including content supplied under Section 12), or (v) any violation by you of this Agreement.

8. General Provisions.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof.  No waiver by Minnesota Air of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.  Any and all disputes relating to the Agreement, or your use of the Covered Websites or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.  Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

9. Privacy TermsPlease see Minnesota Air’s Privacy Statement at www.minnair.com regarding Minnesota Air’s information practices.

10. Account Holder Policies.  You may access the Covered Websites using a username and password (“Identification”) provided (i) you meet qualifications and set up an account according to Minnesota Air’s account-setup policies, and (ii) you remain in compliance with any acceptable use policy or other instructions that may be provided to you by Minnesota Air from time to time.  You are solely responsible for keeping your Identification confidential.  You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Covered Websites using your Identification.  We strongly recommend that you log out of the Covered Websites and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification.

If you believe your Identification has been lost, stolen, or otherwise compromised, please contact Minnesota Air immediately at rlienke@minnair.com or 952.918.8071.  Minnesota Air strives to protect the personal information and privacy of its users, but please keep in mind that no Internet website is 100% secure.  Thus, your use of the Covered Websites to transmit or store personally identifiable information is at your own risk.

11. User Conduct.  You agree not to take any action that might compromise the security of the Covered Websites, render the Covered Websites inaccessible to others or otherwise cause damage to the Covered Websites or the Content.  You agree not to add to, subtract from, or otherwise modify the Content.  You agree not to use the Covered Websites in any manner that might interfere with the rights of third parties.

12. User Supplied Web Content.  If you supply any information or material to the Covered Websites, you guarantee to us that you have the legal right to supply or post such material and that it will not violate any law or the rights of any person or entity.  By supplying such material to the Covered Websites, you give Minnesota Air the royalty-free, irrevocable, perpetual, worldwide right to use, remove, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

 

QUESTIONS, OBJECTIONS, OR ADDITIONAL INFORMATION.  If you have questions regarding this Agreement, any objections you wish to raise regarding this Agreement, or wish to obtain additional information, please send an e-mail to at rlienke@minnair.com

 

DATE OF LAST MODIFICATION – April 2012