GOGO BUSINESS AVIATION WEBSITES AND CONNECTIVITY SERVICES
Introduction
This Terms of Use agreement (“Agreement”) is an agreement between our customers, individuals using the Services (as defined below) on our customer’s aircraft (collectively, “Users”) and Gogo Business Aviation LLC (“Gogo Business Aviation”, “Gogo”, “we”, “us”, “our”). This Agreement governs Users’ access to and use of the Gogo websites at gogoair.com, my.gogoair.com and the Gogo website portal at airborne.gogoair.com (collectively, “Sites”), the Gogo Dash mobile application (“App”), the Gogo Biz® Service, the SwiftBroadband Service, and Iridium Service, if and as provided by Gogo Business Aviation, and any other app website, app or service that links to this Agreement (collectively, “Connectivity Services”) (collectively, Connectivity Services, the App, and the Sites shall be referred to herein as the “Services”). Individuals using the Services on behalf of a company represent and warrant that they have all necessary authority to bind their company to the terms and conditions of this Agreement. Please read this Agreement carefully before using the Services. This Agreement is a legally binding agreement between: our customers and the individual using the Services, and the company, if any, for which it is used; and Gogo Business Aviation (and not any aircraft lessor, nor fractional, charter or owner aircraft).
By using the Services, Users agree to be bound by the terms and conditions of this Agreement. If Users do not agree to the terms and conditions contained in this Agreement, Users may not access or otherwise utilize the Services. The Services are not directed to children under age 13. Users must be 18 years old (or the legal age of majority in the applicable state) and able to form legally binding contracts to be eligible to use the Services.
We may, in our sole discretion, modify this Agreement with or without notice. The “Last Updated” date at the bottom of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, Users are agreeing to such modifications. Therefore, Users should review this Agreement prior to each use of the Services. In addition, when using particular services or features of the Services, Users shall be subject to any posted guidelines or policies applicable to such services that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
Use of The Services and App
The Services allow Users to, among other things, access the Internet while in flight; monitor, troubleshoot, and test in-flight network and service availability; view coverage maps; view device information about devices connected to the in-flight network, learn about Gogo Business Aviation and its various product and service offerings, dealers, and customers; catch up on the latest Gogo-related news; and set up and manage Accounts (defined below). In addition, our customers, aircraft owners and operators, through their account on the my.Gogo Business Aviation.com website or the App, may be able to access various information, including, without limitation, the following information (which may vary depending on whether the account owner is a customer, dealer, or OEM):
Users agree that the Services will not be utilized to (or assist another person to):
Use of Connectivity Services
Connectivity Services Use Limits and Network Management. Gogo Business Aviation’s goal is to ensure that every User has a great experience. Towards that goal, Gogo Business Aviation may prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on User’s utilization of the Connectivity Services Gogo provides for certain applications. In times of heavy network usage, this may impact the functioning of high bandwidth applications. As with any mobile broadband network, speed may vary due to the device being used, atmospheric conditions, terrain, network capacity, and aircraft location. Content, file sharing or multiplayer gaming requiring high bandwidth, such as VoIP, streaming audio and video, and file sharing, are given a lower priority and at times may be blocked or not work consistently. Connectivity Services provided by Gogo Business Aviation are available only when it is within the operating range of the Gogo Business Aviation system or of an operator with which Gogo Business Aviation has an applicable roaming agreement. Gogo Business Aviation coverage locations and maps are subject to change at any time without notice. Actual Connectivity Services coverage, speeds, locations, and quality may vary. Connectivity Services provided by Gogo Business Aviation are 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 maybe interrupted, refused, limited, or curtailed.
Restrictions. With the exception of our customers, aircraft owners and operators, who may permit passengers to use the Services, Users agree not to resell or attempt to resell any aspect of Connectivity Services, whether for profit or otherwise, share their Internet Protocol address (“IP address”) or Connectivity Services connection with anyone, or authorize any other individual or entity to use Connectivity Services. Users agree that sharing Connectivity Services with another party breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. Users have no proprietary or ownership rights to a specific IP address or other address that Users utilize in connection with Connectivity Services. We will assign Users an IP address each time Users access Connectivity Services provided by Gogo Business Aviation, and it may vary. Users will not program any other IP address into their device. GogoBizTM is not available outside the continental United States, unless otherwise stated by Gogo Business Aviation in writing. Users may use Connectivity Services only when the use of electronic devices is permitted on the flight.
Hardware Requirements. A compatible laptop, personal digital assistant or handheld device with WI-FI capability is required to enable operation of Connectivity Services. Users are responsible for any fees or charges associated with the device and the use of the device. Users must ensure their device is compatible with Connectivity Services. It is the User’s responsibility to make sure the device being used to connect to Connectivity Services has a WI-FI radio connection.
Fees. The use of Connectivity Services provided by Gogo Business Aviation is subject to payment of applicable fees, as agreed to between aircraft owners and operators and Gogo Business Aviation and as further detailed in the section below entitled “Fees”.
Accounts
In order to access certain features of the Services, aircraft owners and operators will need to register for an account (“Account”). In particular, registering for an Account enables aircraft owners and operators to, among other things, track orders, view inventory, view historical data usage, view equipment installations, access and agree to the Subscriber Service Agreement, review invoices, and otherwise manage preferences and relationship with Gogo Business Aviation.
Selection and use of an Account user name and password, and any other information required for security access and authentication purposes, are subject to this Agreement. Aircraft owners and operators agree not to share their user name, password, and any security-related information with anyone. Aircraft owners and operators are responsible for all use of their Account and for ensuring that access to and use of their Account complies fully with this Agreement. Aircraft owners and operators acknowledge and agree that any use of their Account through their user name, password and security information shall be deemed to be their actions which we may rely upon. Aircraft owners and operators are solely responsible for protecting the confidentiality and security of their Account.
If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the information provided for registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests made through the Services and/or to suspend or terminate the Account.
Third Party Services
The Services may allow Users to access certain services, websites, applications and content that are provided by third parties (collectively, “Third Party Services”). Users utilization of and dealings with Third Party Services are solely between Users and such third parties. Users agree that Gogo Business Aviation and its Affiliated Parties (defined below) will not be responsible or liable for any content, goods, or services provided on or through these Third Party Services or for their use or inability to use such Third Party Services. Users will use these Third Party Services at their own risk. Users are advised that other websites on the Internet, including any Third Party Services linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that may be inaccurate, untrue, misleading or deceptive; or that may be defamatory, libelous, infringing of others’ rights or otherwise unlawful. Gogo Business Aviation and its Affiliated Parties expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on or via any Third Party Services.
Without limiting the fore going, correspondence or business dealings with, participation in promotions of or purchases from, such Third Party Services found on or accessible through the use of the Services, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Users and such Third Party Services provider. Users agree that Gogo Business Aviation and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Services on or via the Services.
Privacy And Security Privacy.
Privacy. Use of the Services is also governed by our Privacy Policy which is incorporated into this Agreement by this reference. Please carefully review our Privacy Policy. By using the Services, Users acknowledge that they have read, and agree to be bound by, the terms of our Privacy Policy. We reserve the right, and Users authorize us, to use information regarding their use of the Services, Account registration, and any other information provided by Users in accordance with our Privacy Policy. Users further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitation on liability contained in this Agreement.
Security. Please be aware that while Gogo Business Aviation takes steps to provide reasonable security for information collected, and employs physical, technical, and administrative safeguards to protect such information, we cannot ensure or warrant the security of any information Users transmit to us, and Users utilize the Services and provide us with their information at their own risk. If Users utilize the Services to access their company email or information, it is their responsibility to ensure that their use complies with their company’s internal information technology and security procedures. We may, due to legal or contractual requirements, remove, block, filter, or restrict by any means, any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in this Agreement, including, but not limited to, those activities that may subject Gogo Business Aviation or its customers to liability or danger.
Term And Termination
This Agreement will commence upon first access to any of the Sites or use of the Services and will remain in full force and effect unless and until Users discontinue their use of the Services.
Gogo Business Aviation may immediately stop providing the Services or suspend their access to the Services:
If Gogo Business Aviation stops providing the Services, Gogo Business Aviation has no further obligation to Users. Gogo Business Aviation will not have any liability whatsoever to Users for any modification, suspension, or termination of the Services, or related loss of data or information. Gogo Business Aviation may modify, suspend or discontinue the Services at any time, for any reason, temporarily or permanently, at our sole discretion, with or without notice.
Gogo Business Aviation reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against Users if Users violate any provision of this Agreement, including without limitation, by refusing to provide Users access to and use of the Services, reporting Users to applicable law enforcement authorities, and/or taking legal or other action.
Fees
Fees for Connectivity Services provided by Gogo Business Aviation are subject to service agreements entered into by the applicable aircraft lessor, or fractional, charter or aircraft owner.
Disclaimers; Limitation of Liability
USERS EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. GOGO BUSINESS AVIATION AND ITS AFFILIATED PARTIES (AS DEFINED BELOW) 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 NONINFRINGEMENT. GOGO BUSINESS AVIATION AND EACH OF ITS AFFILIATED PARTIES MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET USERS’ REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND MALICIOUS CODE-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. EXCEPT FOR CERTAIN SERVICES AND PRODUCTS SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GOGO BUSINESS AVIATION, GOGO BUSINESS AVIATION DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, SOME OF WHICH MAYBE OFFENSIVE. USERS 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. USERS EXPRESSLY ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CONFIDENTIALITY, AND PRIVACY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND GOGO BUSINESS AVIATION DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS.
USERS 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, THEIR ABILITY TO USE THE SERVICES TO FACILITATE THEIR ACCESS TO ANY THIRD PARTY SERVICES MAY BE TEMPORARILY OR PERMANENTLY DISABLED. USERS AGREE THAT GOGO BUSINESS AVIATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO USERS WHATSOEVER IN RELATION TO THE THIRD PARTY SERVICES OR THEIR ACCESS TO THE THIRD PARTY SERVICES, AND THAT GOGO BUSINESS AVIATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD PARTY SERVICES.
GOGO BUSINESS AVIATION AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF USER TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (V) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. IN NO EVENT SHALL GOGO BUSINESS AVIATION BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICES, EVEN IF GOGO BUSINESS AVIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOGO BUSINESS AVIATION AND USERS. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOGO BUSINESS AVIATION’S AND ITS AFFILIATED PARTIES’ LIABILITY TO USERS FOR ANY DAMAGES ARISING FROM OR RELATED TO USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) AND THE AMOUNTS USERS PAID TO GOGO BUSINESS AVIATION IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Proprietary Rights
Users acknowledge that all the intellectual property rights in the Services, including, without limitation, the underlying technology, and all content and materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software, and other files and the selection and arrangement thereof (collectively, “Materials”) are owned by Gogo Business Aviation, or Gogo Business Aviation’s licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. Users will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized by this Agreement or on the Services, Users agree not to reproduce, reverse engineer, modify, copy, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works of, or otherwise use the Materials in any form or by any means, without the prior written authorization of Gogo Business Aviation or the respective owner. Except as expressly permitted under this Agreement, Users agree not to rent, lease, loan, or sell access to the Services or provide the Services to any third party on a service bureau or time sharing basis or otherwise. Gogo Business Aviation authorizes Users to view and use the Materials only for personal, noncommercial use, provided that Users keep intact all copyright and other proprietary notices contained in the original Materials. Users may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, the trademarks identified in the “Trademarks” section below), and any Marks associated with any products and services available on the Services, are the sole property of Gogo Business Aviation and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Gogo Business Aviation and/or licensors. In addition, all page headers, custom graphics, icons and scripts are Marks of Gogo Business Aviation and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Gogo Business Aviation. Gogo Business Aviation will enforce its intellectual property rights to the fullest extent of the law.
Indemnity
Users agree to defend, hold harmless, and indemnify Gogo Business Aviation, its subsidiaries, affiliates, officers, agents, licensees, and other partners, employees, and service providers (collectively, “Affiliated Parties”), from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of their use of the Services, their breach or alleged breach of this Agreement, or their infringement or violation of any rights of another.
General Provisions
Survival. The provisions under the Sections entitled Use of the Services, Privacy And Security, Disclaimers; Limitation Of Liability, Proprietary Rights, Indemnity, and General Provisions, will survive termination of this Agreement for any reason.
Governing Law and Venue. This Agreement shall be governed by the laws of 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) 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. Gogo Business Aviation makes no representation that Materials contained on the Services or products or services described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users agree that Users will not access the Services from any territory where its contents are illegal. Moreover, visitors who use the Services and reside outside the United States do so at their own risk and are responsible for compliance with all applicable laws.
Assignment. All or any of Gogo Business Aviation’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Services in a merger, acquisition, or sale of all or substantially all of Gogo Business Aviation’s assets. Users may not assign or transfer this Agreement or any or all of their rights hereunder, without the prior written consent of Gogo Business Aviation, and any attempt to do so is void.
e Privacy Policy and any other rules, documents and policies posted on the Sites) sets forth the entire understanding and agreement between Users and Gogo Business Aviation regarding the use of the Services.
Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules, documents and policies posted on the Sites) sets forth the entire understanding and agreement between Users and Gogo Business Aviation regarding the use of the Services.
Waiver. Gogo Business Aviation’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Disclosures. Under California Civil Code Section 1789.3, Customers 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. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify Users that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist Users in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at https://www.staysafe.org.
Trademarks. Gogo Business Aviation, the Gogo Business Aviation logo, “In Touch, In-flight”, “Gogo Business Aviation Axxess”, “Gogo Biz”, and “Gogo Business Aviation On Board”, “In Air & On.” are trademarks of Gogo Business Aviation Services LLC. The names of all other Gogo Business Aviation products on this Site are trademarks of Gogo Business Aviation Services LLC or its affiliates. All third-party trademarks on the Site are trademarks of the irrespective owners.
Contact Information. If Users have any comments, questions, or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at bacustomerservice@gogoair.com. We will address any issue to the best of our abilities as soon as possible.
Modified 7/17/2017