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Terms of Use

Choose a section

  1. What are Gogo's Terms of Use?
  2. Use of the Service
  3. Gogo Promotion Code & Gift Card Usage
  4. Term and Termination
  5. Fees and Charges
  6. Proprietary Rights
  7. Acceptable Use and Conduct
  8. Privacy and Security
  9. Disclaimers
  10. Limitation on Liability
  11. Dispute Resolution/Arbitration
  12. Indemnity
  13. General

 

1. What are Gogo's Terms of Use?

 

The Gogo® inflight internet connectivity service (the “Service”) is provided by Gogo Air International SarL on Japan Airlines, by Gogo Connectivity Ltd. on Air Canada, and by Gogo LLC on all other Gogo-partner airlines (hereinafter Gogo LLC, Gogo Air International SarL and Gogo Connectivity Ltd. are collectively referred to as “Gogo”, “we”, or “us”). As part of the Service, Gogo provides a website portal (collectively, the “Site”) that is accessible when you first access the Service and after you log in to the Service.

This Terms of Use agreement (“Agreement”), along with Gogo’s Privacy Policy (located at http://www.gogoair.com/gogo/cms/privacy.do), sets forth the legally binding terms for your use of the Service and the Site, including the gogoair.com, gogoinflight.com and gogoair.com/jp domains (collectively, the “Domain”). If you are an individual using the Service on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

This Agreement is a legally binding agreement between you (the individual using the Service) and Gogo (and not any airline). By proceeding to establish an Account (as defined below) or use the Service, you agree to be bound by the terms and conditions of this Agreement and to respect and abide by all rules posted on the Site and the Domain, and otherwise provided in connection with the Service.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE ESTABLISHING AN ACCOUNT OR USING THE SERVICE.

NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE, THE DOMAIN, THE SERVICE OR YOUR ACCOUNT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

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2. Use of the Service

 

Generally. In order to use the Service, you must either (a) create a service account (“Account”) by registering on the Site or the Domain to become a registered user of the Service (a “Registered User”), (b) sign in to or use the Service as a Roaming Partner User (as defined below), through an existing account with a Roaming Partner (as defined below), or (c) become a Promotional User (as defined below). A “Roaming Partner” is a company (typically a hotspot aggregator or a telecommunications company) that has an agreement with Gogo to provide the Service to its customers (“Roaming Partner Users”) under the terms of this Agreement. If you are a Roaming Partner User, you must comply with your agreement with the applicable Roaming Partner (in addition to this Agreement). From time to time, we may offer the opportunity to access the Service without creating an Account, as part of an advertised promotion (“Promotional Access”). If you gain Promotional Access to the Service, you are a “Promotional User” under this Agreement. Registered Users, Roaming Partner Users and Promotional Users shall collectively be referred to herein as “Users”. The right to use the Service is personal to you as the User and is not transferable to any other person. All Users must comply with this Agreement.

Gogo Account. By creating an Account, you represent and warrant that: (a) all registration information for your Account (including, without limitation, your payment information) that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. When you register to establish an Account, you will also be asked to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, login name, or password of another User. You agree to notify Gogo immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account.

Payment Methods. Use of the Service requires payment. Gogo currently accepts (a) on all airlines on which the Service is available other than Japan Airlines, Visa, MasterCard, American Express, and Discover cards, and (b) on Japan Airlines, JCB Card, Visa, MasterCard and American Express. We also accept (a) on all airlines on which the Service is available -- other than Japan Airlines -- debit cards displaying the Visa or MasterCard logo, and (b) on Japan Airlines, debit cards displaying the Visa, MasterCard or JCB logo. Gogo also accepts Gift Cards (as defined below), e-Gift Certificates (as defined below), promotion codes, and Gogo Service Credits (as defined below). See the Section below entitled “Gogo Promotion Code & Gift Card Usage” for specific terms and conditions governing Gogo’s Gift Cards, e-Gift Certificates, promotion codes, and Gogo Service Credits.

Restrictions. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your Internet Protocol address (“IP address”) or Service connection with anyone, or authorize any other individual or entity to use the Service via your Account or through your Promotional Access. The Service may not be accessed simultaneously through multiple devices; only one compatible laptop, personal digital assistant, smartphone or other handheld device with WI-FI capability may be used at a time via your Account or Promotional Access to operate the Service. You agree that sharing the Service with another person or providing another person access to the Service through your Account or Promotional Access or any subscription product purchased by you breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP address or other address, log-in name, or password that you use in connection with the Service. We will assign you an IP address each time you access the Service, and it may vary. You shall not program any other IP address into your device. The Service is only available on certain equipped airplanes. You may use the Service only when the use of electronic devices is permitted by the applicable airline.

No Voice Applications. You will not use any type of voice application (including, without limitation, voice over Internet protocol) without written permission from Gogo. Calls when the plane is airborne are also restricted by our agreements with the airlines.

Hardware Requirements. You’ll need a compatible laptop, personal digital assistant, tablet, smartphone or other handheld device with WI-FI capability to enable operation of the Service. It is your responsibility to make sure the device being used to connect to the Service has a WI-FI radio connection. You are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. Again, the Service may not be accessed simultaneously through multiple devices.

Additional Service. Services in addition to the basic Service may be subject to additional terms. Gogo will inform you of any such additional terms when you sign up for such additional services. Except as otherwise provided by such additional terms, any additional services will be considered part of the Service and are subject to the terms of this Agreement.

Third Party Service. The Service may allow you to access certain internet service and content that is provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Services”). You agree that Gogo shall bear no responsibility for such Third Party Services or your continued access to them via the Service. You are responsible for any fees for Third Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third Party Services through the Service and that your use of the Third Party Services is in compliance with the terms of use applicable to such Third Party Services.

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3. Gogo Promotion Code & Gift Card Usage

 

Any purchase of Gogo connectivity service on pre-flight basis may be fulfilled through a Gift Card, an e-Gift Certificate, a promotion code or a Service Credit.

Gogo Promotion Code Use

We use Gogo promotion codes to allow you to redeem certain promotional offers available from Gogo or authorized third parties while inflight on a Gogo-equipped aircraft, as well as any Gogo Gift Cards and e-Gift Certificates that you purchase from www.gogoair.com or that you receive from a friend. A Gogo promotion code consists of a string of letters, numbers or both and can be found on promotional media (emails, promotional certificates, advertisements, etc.) that you may receive from Gogo or from an authorized third party. All Gogo promotion codes are subject to the following terms, in addition to any terms printed on the applicable promotional media.

  • A Gogo promotion code provides access to the Service for a limited duration, as described on the promotional media.
  • A Gogo promotion code may be redeemed only during the period shown in the selected promotional media.
  • You must have an Account to redeem a Gogo promotion code.
  • Enter the Gogo promotion code in the space provided for promotion codes on the applicable Gogo purchase page.
  • After clicking on “Apply,” a discount will automatically be applied to the order as long as the Gogo promotion code is valid.
  • If the Gogo promotion code is for a partial discount, you will be asked to pay the balance displayed on the order summary with a credit card. Once entered, your credit card will be charged immediately for such balance. The total price charged will include taxes and fees.
  • A Gogo promotion code is applied to your entire purchase. Only one promotional offer can be used at a time.
  • No adjustments can be made to prior purchases.
  • Gogo promotion codes have no cash value and cannot be redeemed for cash or assigned or transferred for value, in whole or in part.

Service Credits

  • Gogo service credits (also referred to as “passes”) are deposited directly into your Gogo Account and provide access to the Service for a limited duration (“Gogo Service Credits”), as described at the time of purchase.
  • Each Gogo Service Credit is a limited license to access the Service. Each license allows you to access theServices during a specified period following purchase of your pass(es) (a month, a year, or such other time period as may be specified) (the “License Term”) for the level or duration of the Service (either a specified period of time, one flight segment, or a flight between two specified cities) specified with your purchase. The purchase and sale of each limited license is completed when the pass is placed in your Account. Each license has no cash value and cannot be refunded, transferred or assigned. After the License Term has expired, the pass representing each license will no longer appear in your Account.
  • You must have an Account to access Gogo Service Credits.
  • Once on an eligible Gogo-equipped aircraft, you must log into your Account to access your Gogo Service Credits.
  • Gogo Service Credits have no cash value and cannot be redeemed for cash or assigned or transferred for value, in whole or in part.

Gogo Gift Card and e-Gift Certificates

Gift Card,” as used in this Agreement, refers to the Gogo Gift Card. “e-Gift Certificate,” as used in this Agreement, refers to electronic gift certificates purchased at www.gogoair.com.

Purchasing a Gift Card or e-Gift Certificate

Gift Cards and e-Gift Certificates may be purchased only on line at www.gogoair.com. If you purchase a Gift Card, it will be sent to you at the address you provide and will include a number that can be used to make purchases only while in-flight on a Gogo-equipped aircraft. If you purchase an e-Gift Certificate, one or more Gogo promotion code will be sent to the email address and that code(s) can be used to make purchases only while in-flight on a Gogo-equipped aircraft. If the purchaser of the e-Gift Certificate intends to give it to another person, then the purchaser will have to provide identifying information about the recipient, including a working email address, at the time of purchase. The Gift Card and e-Gift Certificate are not credit cards, charge cards or debit cards. The Gift Card and e-Gift Certificates are loaded with a specific number of credits as indicated on the face of the Gift Card or in the e-mail accompanying the e-Gift Certificate. There is no set ratio of cash value to credits. The credits that are loaded onto the Gift Card or e-Gift Certificate available for redemption are referred to here as the “Available Credits.” Each Available Credit is redeemable for any applicable Flight Pass or Time Pass referred to here as “Eligible Passes” No activation is necessary to use your Gift Card or e-Gift Certificate, however use of Available Credits does require that the user create an account at www.gogoair.com. The Gift Cards and e-Gift Certificates do not expire, though Available Credits may be subject to U.S. state unclaimed property laws if left unused or unclaimed for applicable periods as defined by statute. No dormancy or service fees apply with regard to your use and maintenance of the Gift Card or e-Gift Certificate.

Use of Your Gift Card or e-Gift Certificate

Gogo Gift Cards and e-Gift Certificates are only redeemable in-flight on Gogo-equipped aircraft. Check with your air carrier to find out whether your aircraft will be Gogo-equipped. Be sure to bring a copy of your gift card promotion code with you, as this is the best way to ensure access to your Available Credits. If you forget to bring your promotion code, simply chat with us via the “chat with us” link (click https://custhelp.gogoinflight.com) and a customer service representative will attempt to help you retrieve your code. To redeem Available Credits for Eligible Passes, you simply sign into your Account (or create an Account and sign in) and enter the promotion code on the Gift Card or e-Gift Certificate in lieu of a credit or debit card number. The Gift Card or e-Gift Certificate can be used to pay the full amount of the Eligible Pass and applicable taxes, so long as there is an Available Credit. The Gift Card or e-Gift Certificate can only be used to purchase Eligible Passes. Available Credits cannot be used as partial payment for any other Gogo product or service. As you use the Gift Card or e-Gift Certificate, the Available Credits will be reduced by one credit for every Eligible Pass selected. The Gift Card or e-Gift Certificate cannot be “reloaded” with value as the Available Credits are drawn down.

Lost or stolen Gift Cards or e-Gift Certificates

We suggest that you write down your Gift Card or e-Gift Certificate promotion code and keep it in a safe place. You should be aware that, except in circumstances where barred by law, lost, stolen, or destroyed Gift Card or e-Gift Certificates, or their associated promotion codes, will not be replaced or refunded. You should keep your Gift Card or e-Gift Certificate secure and treat it like cash.

Redemption and Refunds

Your Gift Card or e-Gift Certificate is not, except where required by law, refundable or redeemable in cash.

Returns

Redemptions of Available Credits for Eligible Passes using your Gift Card or e-Gift Certificate, consistent with the terms of the www.gogoair.com web site, are final. Returns are not available and redeemed credits will not be reinstated to your Gift Card or e-Gift Certificate.

No Warranty of Availability or Uninterrupted Use

From time to time the Gift Card, e-Gift Certificate, or the Gogo system may, for technical reasons, be inoperative, and when this happens, you may be temporarily unable to use your Gift Card or e-Gift Certificate. Please contact Gogo customer service at 1-877-350-0038 within the USA, by email at customercare@gogo.air.com or support@gogoair.co.jp for Japanese language or via the “chat with us” link (click https://custhelp.gogoinflight.com) on the Gogo interface if you have any problems using your Gift Card or e-Gift Certificate or for any other inquiry related to your Gift Card or e-Gift Certificate.

Card Cancellation

We may cancel your Gift Card or e-Gift Certificate for any reason or no reason at all. If we cancel your Gift Card or e-Gift Certificate, Gogo will send you an email to the email address the purchaser provided at the time of purchase notifying you of the cancellation and requesting a current mailing address. If you provide a current mailing address, the percentage of the purchase price represented by each Available Credit will be returned to you by check.

Information We Collect

As part of providing you with the Gift Card or e-Gift Certificate, Gogo may collect and obtain certain information (including personal information) about and from you, including:

  • Information provided by the purchaser, such as name, address, and email address;
  • Information about a recipient of the Gift Card or e-Gift Certificate, such as name, address and email address; and
  • Information about redemptions you make with the Gift Card or e-Gift Certificate, such as the date of the redemption of credits and the type of Eligible Pass selected.

Gogo’s use of such information will be in accordance with its privacy policy found here: http://www.gogoair.com/gogo/cms/privacy.do (or, for Japanese language while inflight, http://buy.gogoinflight.com/upp/privacy.do).

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4. Term and Termination

 

This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until (a) your Account is terminated as provided herein, (b) you discontinue your use of the Service, if you are a Roaming Partner User or a Promotional User, or (c) the Promotional Access period ends, if you are a Promotional User. You may terminate your Account at any time, for any reason by (a) cancelling via the “chat with us” link; (b) by calling us at 1.877.350.0038 within the USA; (c) emailing customer care at customercare@gogoair.com or, at support@gogoair.co.jp for Japanese language; or (d) deleting your payment card information from ”My Account.”

Gogo reserves the right to terminate or restrict your use of the Service, without notice, for any violation of this Agreement, or the rules referenced herein, whatsoever.

You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Gogo will not have any liability whatsoever to you for any termination of your Account or the Service, or related deletion of your information. Gogo may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.

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5. Fees and Charges

 

Generally. Fees paid for the Service are non-refundable, unless otherwise required by law. If you are a Roaming Partner User, you must pay all applicable fees for the Service to the applicable Roaming Partner. If you are not a Roaming Partner User, this Section applies to you. You agree to pay to Gogo all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription (e.g., one-time use, daily, monthly, annually), taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by domestic or foreign governments. Gogo reserves the right to change the fees from time to time in its sole discretion (see Price Adjustments, below). The fees for the Service are billed to the payment card you have provided. You may also be subject to fees or charges (including, without limitation, cross-border fees and foreign currency conversion fees) levied by third parties (including, without limitation, the bank that issued your payment card), which may be charged based on one or more factors, including, without limitation, the payment card issuing bank’s country of origin and the currency in which your payment card is denominated.

 

Billing and Payment of Charges. You hereby authorize Gogo (through its payment card processing service provider) to charge the payment card you provide in your Account. Gogo will send you a receipt to your email address listed in your Account.

Recurring Charges/ Automatic Renewal Conditions. When available, if you choose a monthly subscription (including without limitation Gogo Unlimited or an airline-specific Unlimited Pass), or an annual subscription (including without limitation, Gogo Unlimited or an airline-specific Unlimited Pass),you agree that your payment card will automatically be charged by Gogo (through its payment card processing service provider) each month (for a monthly subscription), or each year (for an annual subscription) at the then-current applicable subscription rate (see Price Adjustments, below), until you cancel your subscription or until prohibited by applicable law. Gogo reserves the right to suspend the Service if applicable law no longer permits automatic renewals and Gogo has not received your required consent. You may cancel your monthly or annual subscription by contacting Gogo Customer Care (via phone: 1.877.350.0038 (within the USA) or email: customercare@gogo.air.com or support@gogoair.co.jp for Japanese language) at any time. If you wish to terminate your subscription and avoid a charge for the subsequent month (for a monthly subscription) or for the next year (for an annual subscription), you must do so at least two (2) days before the monthly (or annual) renewal date of your subscription. (The monthly renewal date is the same day of the month that you first subscribed; the annual renewal date is the same day of the year that your first subscribed). If you do not cancel at least two (2) days before the monthly (or annual) renewal date for your subscription, but you do cancel before your monthly (or annual) renewal date, contact Gogo for a refund. If you cancel after your monthly (or annual) renewal date, you may be charged for that month (for a monthly subscription) or for that year (for an annual subscription) and your cancellation would then be effective the following month (or year, as applicable), subject to applicable law. You may use the Service until your cancellation is effective. Gogo will not send you a monthly or annual statement. Receipts for recurring charges can be viewed and printed from ‘My Account’ at Gogoair.com or Gogoair.com/jp for Japanese language. If you revoke authorization to charge your payment card, or if for any reason your payment card issuer does not submit payment, Gogo will cancel your subscription or suspend your use of the Service.

Price Adjustments. Gogo may modify its prices at any time. If Gogo modifies its price for any monthly or annual subscription which renews automatically, Gogo will give you notice of the new prices at least thirty (30) days before the beginning of the renewal term in which the prices will be effective. If you have receive such a notice and (i) do not cancel your subscription as described in the “Recurring Charges/Automatic Renewal Conditions” section above, or (ii) in the case of Canadian residents, explicitly agree in accordance with the notice and applicable law, you agree to the new prices and authorize Gogo to charge your payment card accordingly.

Payment Dispute. If you believe you have been incorrectly charged, you must notify us of such disputed charges within the time provided for in your payment card agreement or you waive your right to dispute those charges. Please contact Gogo Customer Care at 1.877.350.0038 (within the USA) or by email at customercare@gogoair.com or at support@gogoair.co.jp for Japanese language, so that we can review your account. Gogo may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: (a) for Service provided on airlines other than JAL, customercare@gogoair.com, or (b) for Service provided on JAL, support@gogoair.co.jp.

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6. Proprietary Rights

 

You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site and the Domain are owned by Gogo, Gogo’s affiliates or its licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site and the Domain for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service, Site or Domain content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide the Service to any third party on a service bureau or time sharing basis or otherwise.

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7. Acceptable Use and Conduct

 

Acceptable Use Policy. You hereby agree to comply with Gogo’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):

  1. Harm or threaten harm to persons or property;
  2. Harass other persons;
  3. Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
  4. Engage in any fraud or misrepresentation;
  5. Provide instructional information about illegal activities;
  6. Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
  7. Infringe or violate another person’s rights, including privacy and intellectual property rights;
  8. Allow another person who has not paid for the Service to access or use the Service on his/her computer or device or through your computer or device;
  9. Allow another person to access the Service using your Account or your Gogo Unlimited, airline-specific Unlimited Pass, annual or other subscription;
  10. Display offensive content on your computer or device, in view of another person;
  11. Knowingly distribute any virus or other malware;
  12. Access any network or computer (including those providing the Service) in excess of the permission expressly granted to you;
  13. Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties to the communications;
  14. Attempt to decrypt any encrypted or scrambled communications;
  15. Introduce software or automated agents into the Service; or
  16. Attempt to impersonate any other person, including any Gogo employees.

Breach. Gogo reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate Gogo’s Acceptable Use Policy or any other provision of this Agreement. Such action may include, without limitation, refusing to provide access to and use of the Service to you, terminating your Account or Promotional Access, reporting you to the applicable Roaming Partner, our other partners, or law enforcement authorities, and taking legal action against you.

Performance and Network Management. As with any mobile broadband network, speed may vary due to your device, atmospheric conditions, terrain, network capacity, and the number of users on the system at the time and aircraft location. Service is available only when it is within the operating range of the Gogo system or of an operator with which Gogo has an applicable roaming agreement. Gogo coverage locations and maps are subject to change at any time without notice. Actual Service coverage, speeds, locations, and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed.

Limitations on Service. Gogo’s goal is to ensure that every user has a great experience. Given the limited bandwidth available from and to the plane, Gogo sets limits on your use of the Service for certain applications to ensure the best performance for the most users. Gogo is primarily designed for web browsing, online shopping, email, some intranet access (including access to corporate intranets, email) through Virtual Private Networks, and very limited short-video (i.e., less than five minutes per hour) streaming.

Because of capacity limitations and the shared use of the ground-to-plane wireless network, Gogo is not well suited for in-flight file transfers or downloads of computer updates or long-form media. As a result, Gogo’s network management policies provide that video downloads from websites that primarily provide long-form content cannot be downloaded. Nor should the Service be used to download movies from peer-to-peer file sharing services, redirect television programs for viewing on personal computers, for web broadcasting, or to operate a server or telemetry devices. Customers can access short-form video downloads from websites that do not primarily provide long-form video. But even from these websites, after the first five minutes of downloads per hour, customers should anticipate that the download speed will be reduced and expect to experience buffering for the remainder of the video. Similarly, customers should expect slower speeds for commercial file sharing applications after downloading 8 MB within an hour, and for web browsing and secure applications after downloading 30 MB within an hour.

These network policies are designed to ensure that customers who download video during the flight do not disadvantage customers doing other activities on the internet that are not so bandwidth-intensive. Gogo is committed to managing its network in a manner that does not discriminate based on a website’s content or its provider and that is source- and content-agnostic whenever reasonably possible to do so. It does employ content filtering (for adult-oriented material, for instance) at the request of certain airlines.

Content. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.

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8. Privacy and Security

 

Privacy.Use of the Service is also governed by our Privacy Policy at http://www.gogoair.com/gogo/cms/privacy.do (or, for Japanese language while inflight, http://buy.gogoinflight.com/upp/privacy.do), which is incorporated into this Agreement by this reference.

Security. The connection through which you purchase Gogo is an SSL-encrypted link. However, following such initial access, due to multiple users of our inflight Wi-Fi access point, Gogo does not provide an encrypted communication channel (Wired Equivalency Protection known as “WEP”) or (Wi-Fi Protected Access known as “WPA2”) between our in-flight Wi-Fi access point and your device. Gogo does support secure Virtual Private Network (VPN) access and Secure Shell (SSH) access. If you have VPN, Gogo recommends that you use your secure VPN protocols for greater security. SSL-encrypted websites or pages, typically indicated by “https” in the address field and a “lock” icon, can also generally be securely accessed through the Service. You should be aware, however, that data packets from un-encrypted Wi-Fi connections can be captured by technically advanced means when they are transmitted between a user’s device and the Wi-Fi access point. You should therefore take precautions to lower your security risks. Gogo recommends that you follow good security practices, such as ensuring that file-sharing is not enabled while accessing the Internet from an un-encrypted public network and that laptops have a personal firewall and other protection against malware. Gogo recommends that sensitive or private information not be accessed via or transmitted over an un-encrypted connection. While Gogo takes reasonable steps to protect your security, please be aware that we cannot ensure or warrant the security of any information you transmit to us, and you use the Service and provide us with your information at your own risk.

Acknowledgement of Filtering and Restriction of Access to Pornography or Other Offensive or Objectionable Material. You specifically acknowledge and agree that Gogo may, as a necessary incident of providing the Service, or as required or permitted by law, by law enforcement authorities or by the host airline, or as hereby expressly contemplated by this Agreement, use any advanced blocking technologies and other technical, administrative or logical means available to it, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions on use set forth in this Agreement, including, but not limited to, those activities that may subject Gogo or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable.

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9. Disclaimers

 

The Service, Gogo Service Credits, Gogo promotion codes, Gift Cards, and e-Gift Certificates are provided “As-Is” and as available. Gogo and its Service providers, partners, and affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Gogo (and each of its service providers) makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; (c) the Service will allow access to all third-party sites; (d) the Service will be any particular speed or allow any particular application or service; or (e) the results that may be obtained from the use of the Service will be accurate or reliable. Except for certain services and products specifically identified as being offered by Gogo, Gogo does not control any materials, information, products, or services on the Internet, some of which may be offensive to you. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in wireless communications and technology and use of inflight Internet access, and Gogo does not make any assurances or warranties relating to such risks. You acknowledge that Gogo is not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general.

You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Gogo shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services, and that Gogo makes no representations or warranties with respect to the Third Party Services.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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10. Limitation on Liability

 

In no event shall Gogo be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Gogo has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gogo’s liability (including, but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty US Dollars ($50) and the amounts you paid to Gogo in the twelve (12) months prior to the accrual of the claim, if any. In the event a Service Credit, Gift Card or e-Gift Certificate credit or promotional code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gogo Service Credit, Gift Card, e-Gift Certificate, or promotional code.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.

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11. Dispute Resolution/Arbitration

 

It is Gogo’s goal that the Site, the Domain, the Service, the Gogo Service Credits, Gogo promotion codes, and the Gift Cards and e-Gift Certificates meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Gogo is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Gogo, you acknowledge and agree that you will first give Gogo an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: customercare@gogoair.com or support@gogoair.co.jp for Japanese language or mailing address: Gogo Customer Care, P.O. Box 338, Itasca, IL 60143 USA.

You then agree to negotiate with Gogo in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Gogo’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site, the Domain, the Service, the Gogo Service Credits, Gogo promotion codes, the Gift Cards, the e-Gift Certificates, or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Gogo’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Gogo and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Except for disputes relating to our compliance with the Safe Harbor Privacy Framework, arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000 USD, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000 USD, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879 (within the USA). Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000 USD. For claims that total more than $75,000 USD, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 USD as to which you provided notice and negotiated in good faith with Gogo as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Gogo agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

For disputes relating to our compliance with the Safe Harbor Privacy Framework, please refer to Section 6 of our Privacy Policy at http://www.gogoair.com/gogo/cms/privacy.do (or, for Japanese language while inflight, http://buy.gogoinflight.com/upp/privacy.do).

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE, THE DOMAIN, OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER CALLING 1-877-350-0038 (within the USA) OR BY SENDING AN EMAIL TO customercare@gogoair.com or support@gogoair.co.jp for Japanese language. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC. To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, THE DOMAIN, OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND GOGO BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Site, the Domain, the Service, the Gogo Service Credits, Gogo promotion codes, the Gift Cards, the e-Gift Certificates, or this Agreement, be instituted more than one (1) year after the cause of action arose. back to top

 

12. Indemnity

 

You agree to defend, hold harmless, and indemnify Gogo, its parent, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

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13. General

 

Customer Care.For any questions or concerns, Gogo provides customer service 24 hours a day, 7 days a week, via the “chat with us” link (click https://custhelp.gogoinflight.com), via email with customer care (email us at customercare@gogoair.com or support@gogoair.co.jp for Japanese language), or, within the USA, via telephone (call us at 1-877-350-0038).

Survival. The provisions under the following Sections will survive termination of this Agreement for any reason: Fees and Charges; Proprietary Rights; Acceptable Use and Conduct; Privacy and Security; Disclaimers; Limitation on Liability; Dispute Resolution/Arbitration; Indemnity; General.

Jurisdictional Issues / Governing Law and Venue. The Site, the Domain, the Service, the Service Credits, Gogo promotion codes, and the Gift Cards and e-Gift Certificates are controlled and operated by Gogo from within the United States of America. Gogo makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United States controls the export of any software downloadable from the Service. No software or any other materials associated with the Service may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited. This Agreement shall be governed by the laws of the United States and the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the Dispute Resolution / Arbitration section of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chicago, Illinois, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

Assignment. All or any of Gogo’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Gogo’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Gogo, and any attempt to do so is void.

Entire Agreement; No Waiver. This Agreement (which includes the Privacy Policy and any other rules posted on the Site and the Domain) constitutes the entire agreement between you and Gogo regarding the use of the Service. Gogo’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall inure to the benefit of you, Gogo and the applicable airline and their heirs, administrators, successors and assigns.

Disclosures. Under California Civil Code Section 1789.3, users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. Parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available – see http://www.google.com/goodtoknow/familysafety/.

Copyright/Trademark Information. Copyright ©2014 Gogo LLC. All trademarks are the property of their respective owners.

The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed on the Service (including “gogo”) are Gogo LLC’s property or the property of other third parties. You are not permitted to use these Marks without Gogo LLC’s prior written consent or the consent of such third party which may own the Marks.

Amendments. NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUÉBEC OR WHERE OTHERWISE PROHIBITED BY LAW. We reserve the right to change, modify, or amend this Agreement from time to time to reflect changes in our policies and practices. You are encouraged to review this Agreement periodically and to check the “Last Updated” date at the bottom of this Agreement for the most recent version. Any changes, modifications, or amendments shall be effective immediately. By continuing to use the Service following the posting of changes, modifications, or amendments to this Agreement, you agree to and accept those changes, modifications, and amendments.

Notices. Gogo may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you shall be mailed to:

Gogo

ATTN: General Counsel
1250 North Arlington Heights Rd., Suite 500
Itasca, IL 60143 USA

The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.

Last updated September 9th 2014

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