Last Revision: July 23rd, 2020
The SJU Insider (www.sjuinsider.com) website and various related content, materials, pages and services (collectively, this “Website”), are provided by Aerostar Airport Holdings, LLC (“Aerostar”, “we” or “us”). Please carefully read these terms, conditions, and notices contained or referenced herein (the “Terms and Conditions”), as they constitute a binding legal contract between you, the Website user (“User” or “you”), and Aerostar.
We reserve the right to change these Terms and Conditions from time to time without prior notice to you. We will notify you of any changes to these Terms and Conditions by posting a notice of the change on this Website or, at our sole option and, if possible, by sending you an e-mail to an e-mail address provided by you. The changes will be effective immediately upon posting the revised version of the Terms and Conditions at the Website. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgement of the modified Terms and Conditions and your agreement to abide and be bound by the modified Terms and Conditions.
ACCESS TO THIS WEBSITE
Aerostar may make content, materials and services available on this Website including, but not limited to: newsletters, information about our operations, passenger guidelines, and any other materials and services now available or offered or available in the future.
To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Aerostar believes the information you provide is not correct, current, or complete, Aerostar has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.
Aerostar reserves the right to either modify or discontinue the Website, including any features, content, services or materials therein, at any time with or without notice to you. Further, Aerostar may discontinue any portion of information or category of information. We shall not be liable to you or any third party should we exercise such right.
Upon termination or suspension, regardless of the reasons, your right to access and/or use the services, content and materials available on this Website, immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account (if any) and all related information and files in your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therein.
You agree that Aerostar may terminate or suspend your account or your access to all or part of this Website at its sole discretion, with or without notice and for any reason or no reason at all, including without limitation, breach of these Terms and Conditions. The termination or suspension of your account or access to the Website will not have any effect on the disclaimers, indemnity, waiver or liability limitations and your obligations, representations and warranties included in these Terms and Conditions.
Your access and/or use of the Website (including without limitation to any features, content, services or materials therein) is subject to all applicable laws and regulations, and you are solely responsible for your conduct and the contents of your communications through the Website.
A. You may not reverse engineer, circumvent or attempt to circumvent passwords or other technical features meant to protect the Website or limit or control access, or otherwise access without authorization any information that is protected by passwords or other technical measures.
B. By uploading, sharing, submitting, posting or providing information in or otherwise using any service or feature that may be available to you on or through this Website, you agree that you will not upload, submit, provide, share, post, or otherwise distribute or facilitate distribution of any content that is or may:
· violate these Terms and Conditions;
· contain viruses or any other code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
· impersonate any person or entity;
· victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· be fraudulent, false, deceptive or misleading;
· be illegal, abusive, harassing or threatening;
· infringe the rights of any party (including without limitation to any copyrights, patents, trademarks, trade secret, privacy rights, right of publicity, or any other right of any party);
· be profane, obscene, or pornographic;
· be slanderous, defamatory or libelous;
· infringe or violate any applicable law, rule, regulation, order, decree, code or ordinance;
· disable or otherwise block partial or full functionality of the Website to others and/or to Aerostar;
· constitute unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation; or
· be otherwise objectionable.
C. You may not use this Website in a manner or for a purpose that could violate any applicable law, rule, regulation, order, decree, code or ordinance.
D. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of the Website. Aerostar does not have or assume the obligation to pre-screen, monitor, or edit the content posted by users. However, Aerostar reserves the right at its sole discretion, to remove any content for any or no reason, including any content that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
REPRESENTATIONS BY USER
USER IS SOLELY RESPONSIBLE FOR THE CONTENTS, INFORMATION AND MATERIALS SUBMITTED, POSTED, PROVIDED AND/OR UPLOADED TO THE WEBSITE. USER REPRESENTS THAT HE/SHE HAS ALL RIGHTS NECESSARY TO SUBMIT, POST, PROVIDE AND/OR UPLOAD THE INFORMATION, CONTENT OR MATERIALS SUBMITTED, POSTED, PROVIDED AND/OR UPLOADED TO THE WEBSITE WITHOUT VIOLATING THE COPYRIGHTS, PRIVACY RIGHTS, RIGHTS OF PUBLICITY, TRADEMARKS, TRADE SECRETS OR ANY OTHER PERSONAL OR PROPERTY RIGHTS OF THIRD PARTIES, AND THAT INFORMATION, CONTENT OR MATERIALS SUBMITTED, POSTED, PROVIDED AND/OR UPLOADED BY THE USER WILL NOT VIOLATE APPLICABLE LAWS OR THE RIGHTS OF THIRD PERSONS.
DISCLAIMER OF WARRANTY BY AEROSTAR
THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES AND MATERIALS ON THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AEROSTAR MAKES NO WARRANTY THAT: (A) THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, ACCURATE, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM ACCESSING, USING OR VISITING THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE, SECURE, CURRENT, OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THEREFORE, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU HEREBY RELEASE AND FOREVER DISCHARGE AEROSTAR AND ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HEREAFTER ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO THE VISIT, ACCESS OR USE, OF THE WEBSITE AND ALL INFORMATION, CONTENT, SERVICES AND MATERIALS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF AEROSTAR IN OPERATING THE WEBSITE.
LIMITATION OF LIABILITY
NEITHER AEROSTAR NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
YOU AGREE THAT, IN NO EVENT SHALL AEROSTAR OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM AEROSTAR’S NEGLIGENCE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING TRANSACTIONS THROUGH THIS WEBSITE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AEROSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING, VISITING OR ACCESSING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THEREFORE, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify, defend and hold Aerostar and its officers, directors, owners, representatives, independent contractors, employees, agents, and affiliates harmless for, from, and against, any claims, actions, demands, causes of action, losses and expenses, including without limitation reasonable legal and accounting fees (collectively the “Claims”) by reason of, in any way relating to, or arising out of or connected to: (a) your use of the Website; (b) any content or information uploaded, shared, submitted or provided by you; (c) any violation of these Terms and Conditions; and (d) your acts or omissions. You agree to reimburse any and all indemnitees on demand for any losses, costs, judgments, fees, fines, and other expenses they incur including without limitation, attorney’s fees and court and filing fees and costs, as result of any Claims.
THIRD PARTY SITES
The Website may contain links to other web sites or applications that are owned and/or operated by third parties. By offering you these links, Aerostar is not endorsing any other sites or applications and Aerostar has no responsibility or liability, directly or indirectly, for such third-party web sites or applications, including without limitation for their content, services or materials. These other sites or applications and parties are not under our control, and you acknowledge that we are not responsible for any other aspect of the content of such sites or applications, nor are we responsible for errors or omissions in any references to other parties or their products, contents and services. You access third party linked sites or applications at your own risk.
Aerostar, its affiliates and/or their business partners may present promotional materials and advertisements through the Website. Aerostar and/or its affiliates and their business partners shall not be responsible for any transactions or any claims you may have with such third parties.
OWNERSHIP OF THE WEBSITE AND ITS CONTENTS AND ASSOCIATED TRADEMARKS
All the content included or available in the Website, including without limitation the text, graphics, logos, icons, screens and configurations, are the property of Aerostar or its licensors (or is a nominative use of trademark) and is protected by United States and international copyright and trademark laws.
You are only permitted to use the content included or available in the Website only if and solely as authorized by us (or the specific content provider) solely for individual, personal and noncommercial purposes. Except as permitted under U.S. Copyright laws, the Website and its contents may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, or used for the creation of derivative works without Aerostar's or applicable third parties’ prior written consent.
You may not create links to the Website or any of its content, materials or pages from other sites without Aerostar’s prior written consent and compliance with all applicable laws.
You may use this Website for purposes expressly permitted by this Website. As a condition of your use of the Website, you warrant Aerostar that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand this site, or (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of Aerostar. For purposes of these Terms and Conditions, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this Website. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided through the Website.
USER GENERATED CONTENT
ENTIRE AGREEMENT; SEVERABILITY
APPLICABLE LAW; CHOICE OF FORUM
This Website may be accessible worldwide. However, we make no representation that this Website (including its content, pages, services or materials) is appropriate or available for use in locations outside the United States and accessing them from territories where it is illegal is prohibited. Those who choose to access this Website from other locations outside the United States do so on their own risks and are responsible for compliance with any applicable law, rule, regulation, order, decree or ordinance.
If you have any questions regarding these Terms and Conditions or the Website, feel free to contact Aerostar at: email@example.com.