Stellar Payment Terms
Last Updated: September 16, 2015
These Payment Terms of Service (the “Payment Terms”) set forth the terms and conditions regarding payment made through your use of the Stellar mobile application (the “App”), the stellar.aero website (the “Site”) and other online products and services (collectively, with the App and the Site, the “Service”)provided by Stellar Labs, Inc. (“Stellar”, “we” and “us”). You agree with Stellar to be bound by these Payment Terms. If you do not agree to these Payment Terms, you may not access or use the payment functions of the Service. References to Stellar shall also mean its affiliates, successors and assigns. Use of the Service is solely for your own use, and not for the use of benefit of any third party. Only individuals may use the Service. You may not transfer the right to use the Service to any other person or entity. These Payment Terms are at stellar.aero/legal/paymentterms.html should be read in conjunction with the Stellar Terms of Service at stellar.aero/legal/terms.html.
Users of the Service are provided access to a marketplace where they can arrange and schedule air transportation with private aviation providers. Please note that Stellar provides a technology platform. It is not an air carrier and does not operate any aircraft on behalf of you or any other client. For each flight that you arrange through the Service, you will be required to agree separately to terms and conditions regarding such flight.
Stellar is acting in a limited capacity to pass through the payments or payment information to the private aviation providers. These providers are solely responsible for the flights you pay for through the Service.
You represent that you are more than 18 years of age and are fully able and competent to agree to the terms and conditions set forth in these Payment Terms, and to abide by and comply with these Payment Terms.
Disclaimer; Limitation of Liability
While we would like the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
THE SERVICE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. STELLAR DOES NOT GUARANTEE THE ABILITY TO ACCESS OR USE THE SERVICE AT ANY GIVEN TIME OR LOCATION, OR THE RESULTS FROM USE OF THE SERVICE. STELLAR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STELLAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE. STELLAR DOES NOT GUARANTEE THE QUALITY, SAFETY OR ABILITY OF THE TRANSPORTATION PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
STELLAR IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF STELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROVIDED BELOW, STELLAR IS NOT LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY AIR CARRIER WITH WHOM YOU CONTRACT, EVEN IF STELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SERVICE MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY A THIRD PARTY OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
Under no circumstance will Stellar’s liability under these Terms exceed One Hundred Dollars ($100).
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You (and also any third party for whom you operate an account or activity on the Service) agree to indemnify and hold the Stellar Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service, including the chartered flight; (ii) your breach or alleged breach of these Payment Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Stellar in the defense of any claim. Stellar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Stellar.
Note to International Users
The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
You may not assign these Payment Terms without the prior written consent of Stellar, and any assignment in violation of this restriction is void. Subject to the restrictions against assignment in this paragraph, these Terms shall be binding upon, the assigns, successors in interest, and personal representatives of each of you and Stellar. Stellar may assign these Payment Terms without your consent.
The law of the State of California shall apply to the resolution of any dispute with respect to this Agreement, notwithstanding any contrary choice of law provisions under California law. The parties agree that the exclusive venue for any action with respect to this Agreement shall be in the State and Federal Courts located in San Francisco County, California.
Should any provision of these Payment Terms be held unenforceable or invalid for any reason, the remaining portions of these Payment Terms shall remain in full force and effect. These Payment Terms supersede any prior written or oral agreements between you Stellar concerning the subject matter herein.