XOJET is the only private jet company that offers on-demand service and dynamic pricing for popular private jet charter flights between 22,000 destination pairs on our fleet of Challenger 300 and Citation X super-mid jets, supplemented by our Preferred Partner Network. XOJET and our affiliated companies recognize the importance of maintaining and protecting the privacy of visitors to our websites and applications.

Privacy Policy

Last Updated: June 15, 2017

XOJET, Inc. and its controlled affiliates and subsidiaries (collectively, “XOJET,” “we,” “us” or “our”), recognize the importance of maintaining and protecting the privacy of visitors and users of our websites, applications, products or services that refer or link to this Privacy Policy (collectively, the “Services”). This Privacy Policy (this “Policy”) describes our information handling practices when you access and use our Services.

Please read this Policy carefully. Your use of any of our Services constitutes your acceptance of and consent to XOJET’s collection, use and disclosure of your personal information as described below. We do update this Policy from time to time, so we encourage you to check back regularly to stay up to date with any changes. Please do not use any of XOJET's Services if you disagree with or cannot consent to any part of this Policy.

What information does XOJET collect?

Depending on the Services you use, XOJET collects different types of personal information from you. The information we collect includes, but is not limited to, the following:

  • Information you provide to us by accessing or using our Services: We receive and store information about you when you access or use our Services. For example, you provide us information when you buy our Services, participate in a contest or questionnaire, communicate with us or our partners via e-mail, phone, or otherwise. We may require that you provide us with certain types of information because it is relevant to providing you the Services you are requesting. Any information that you provide to us that is not required is voluntary and you can choose not to provide such information to us. However this may limit the features and types of Services we can offer to you.
  • Registration information: In order to use some of our Services, you will need to register for an account with XOJET. When you register for an account, you must provide us with certain information, such as your name, title, company, physical and electronic mailing address, date of birth, phone number, and flight preferences.
  • Automatic information: When you interact with our Services, we collect certain types of information about your use of our Services through “cookies,” web beacons and other third party tracking applications, such as log data, device information, and location information.
  • Payment information: When you register for an account with XOJET, you will need to provide us with your bank information (i.e., a credit card), mailing address, and other relevant payment information to enable use to complete your transactions.

How does XOJET use my personal information?

We use your personal information to provide you with our Services. Some of the ways we use your personal information include:

  • Responding to requests for more information or Services: When you request a Service from us or contact us about anything, we will use your contact information to provide you with our Services or respond to your communication. Often our communications to you will be transactional, such as sending you an email to confirm a request for information or Services, and you will not be able to opt-out of such communications because of their necessity. However, if you sign up to receive marketing or informational announcements from us, such emails will include the opportunity for you to unsubscribe or opt-out of receiving such communications in the future.
  • Providing, developing, and improving our Services: We may use any information you provide to us, whether registration or other types of information, to provide, further develop and improve our Services. For example, we use your information to:
    • Provide flight services;
    • Facilitate payment for Services or provide refunds;
    • Comply with legal, regulatory, financial obligations, and/or in connection with any governmental or internal investigations;
    • Evaluate our internal controls and audits for compliance;
    • Respond to third party requests initiated by you, or in response to legal requests;
    • Help us identify your device for fraud prevention and diagnostic purposes;
    • Perform data analyses and other processing for marketing purposes; and
    • Improve the content, functionality, and usability of our Services and to offer opportunities to you to participate in surveys and provide feedback to us.
  • Advertising: We use your personal information to provide you with a personalized experience when using our Services and to offer you products and services you may be interested in. For example, we use your personal information to measure the success of certain ads or services. With your consent, we may send you e-mails or other communications about our Services and promotions, and to request your input about our Services.
  • Safety and security: We may use your personal information to generally improve the safety and security of our Services. This includes using your personal information to verify an account, or to investigate a complaint, violation of our policies, or suspicious activities.

How does XOJET secure my personal information?

XOJET understands the importance of safeguarding your personal information, and has implemented reasonable technical, administrative, and physical measures to protect your personal information from unauthorized access.

Though we reasonably attempt to protect your personal information from unauthorized access, no method of transmitting or storing electronic information is ever completely secure and we cannot be responsible for the acts of those who gain unauthorized access. We make no warranty, express or implied, that we can prevent unauthorized access to your personal information that may result in loss, misuse, unauthorized acquisition or alteration of your personal information.

It is also important that you take measures to protect your account from unauthorized access. For example, you should never share your password to your XOJET account, and when you use a shared or public device, be sure to sign off when you are finished. Measures like these will help you safeguard your personal information.

Will XOJET share my personal information?

We will only share your personal information if we receive your consent, or in the following circumstances:

  • Third parties engaged by us: We may employ third parties to provide or assist in providing the Services you request; perform Service-related services (e.g. Web analytics, maintenance, web hosting); or for other business purposes. These third parties are required by contract; and, in some cases, state and/or federal law, to protect the personal information we share with them and only to use it for that purpose.
  • Third parties authorized by you: We will share your personal information with any third party you authorize or direct us to.
  • Compliance with legal obligations: Where we believe that it is reasonably necessary for us to comply with a law, regulation, or valid legal process, we may share your personal information. In some circumstances, we may be required to share your personal information in response to a lawful request by public authorities, such as law enforcement or a subpoena.
  • To ensure the safety and security of you and others: We may share your personal information to comply with a legal duty to inform others, such as to prevent imminent and serious bodily harm to a person or yourself or to protect a third party’s rights or property. We may also share your personal information to address security, spam, or fraud.
  • Merger, bankruptcy or corporate reorganization: In the event that XOJET is part of a business transaction with another company, such as a merger, corporate reorganization, acquisition, sale of all or a portion of its assets, or bankruptcy, your personal information may be shared, sold or transferred to the other entity as a part of due diligence, the business integration process, or as a transfer of assets. This Policy will continue to apply to the personal information collected before the date of such occurrence.

What are cookies and how does XOJET use cookies and other behavioral tracking?

XOJET does collect information from cookies and other behavioral tracking tools. Cookies are small files that are downloaded on your computer or mobile device when you visit a website. When you return to a website or visit another website that uses the same cookies, the websites will recognize your cookies and your browsing device.

How does XOJET use cookies?

On our Services, we generally use cookies to:

  • Make the Services work properly for you;
  • Remember your preferences and make our Services more convenient to use; and
  • Collect information about your use of our Services to improve and further develop our products and service offerings.

XOJET also may use the following cookies on its Services:

  • Strictly Necessary Cookies: These cookies are essential for you to use our Services, such as allowing you to access secure areas and use certain features. Without strictly necessary cookies, we may not be able to provide some Services. These cookies do not gather personal information for marketing or other analytics purposes. Because these types of cookies are essential, they cannot be disabled.
  • Analytics Cookies: These cookies collect information about your use of our Services. For example, they can tell us which pages and features you frequent the most. These cookies collect anonymized information and are only used to improve how our Services work. These cookies can be disabled, but you may experience less functionality while using our Services.
  • Functionality Cookies: These cookies allow us to help you remember your preferences and help us customize our Services to you. These cookies may collect personal information about you, such as your username or flight preferences. Without these cookies, you may experience less functionality while using our Services.
  • Advertising Cookies: These cookies allow us to deliver advertising that is tailored to your interests, and measure the effectiveness of our advertising campaign. They remember if you have visited other websites and share this information with advertising organizations. It is up to you to decide whether you would like to disable these cookies. They will not affect the functionality of our Services.
  • Third-Party Cookies: These cookies may be any of the three types of cookies described above – strictly necessary, analytics or advertising cookies. They are set by a third-party, not XOJET. We do not control the information that is collected through third-party cookies or how the information is used. It is up to you to check the third-party’s website for more information on how they use cookies.

How can I manage cookies?

How you manage cookies depends on whether the cookie is an XOJET first-party cookie or a third-party cookie.

  • First-Party Cookies: To view, enable and/or disable our first-party cookies, you can use the settings provided by your browser. Look for settings such as “Edit,” “Tools,” or “Help.” Please remember, if you set your browser to disable cookies you may not be able to access or use parts of our Services. You can find more information about how to change your browser settings at http://www.allaboutcookies.org/.
  • Third-Party Cookies: The same instruction to view, enable and/or disable first-party cookies also applies to third-party cookies. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to http://www.aboutads.info/choices.

How does XOJET respond to “Do-Not-Track” signals?

Because XOJET relies on third-party advertising networks to provide targeted advertising, we are not able to currently respond to a “Do-Not-Track” (“DNT”) or similar signal.

Does XOJET collect information from children?

XOJET will not knowingly collect personal information from any person under the age of 13. Parents who are concerned about the transfer of personal information from their children should contact us.

Is XOJET responsible for third-party hyperlinks?

Our Services may contain links to other third-party websites. Please be aware that we are not responsible for the privacy practices, content, use of cookies, or the gathering of other information of or by such third-party websites. Our provision of a third-party link or advertisement is not an endorsement, authorization, or representation of our affiliation with that third-party, nor is it an endorsement of their privacy or information security policies or practices. XOJET does not exercise any control over such third-party websites. We suggest you review the privacy policy of every website you visit.

How does XOJET handle personal information internationally?

When you provide XOJET with your personal information, including sensitive information, you consent that this information may be stored, transferred, and processed on servers located anywhere in the world, including countries that may have laws that are different from those of your country of residence.

How can I access, modify or delete my personal information in XOJET’s possession?

You may access, modify or delete all or part of your personal information by contacting us at privacy@xojet.com. Also, if at any time you would like to be removed from any electronic or postal mailing lists, please contact us at privacy@xojet.com.

How does XOJET handle changes to this Policy?

If our information handling practices change at some time in the future, we will post the updated Policy here along with the date on which the Policy was changed. If we make material changes to this Policy that affect the way we collect, use and/or share personal information, we will notify you by posting an announcement on our Services and/or contacting you via email with the link to the updated Policy.

How can I contact XOJET?

If you have any questions or concerns about this Policy or its implementation, you are invited to contact us. You may send e-mail to: privacy@xojet.com or you may send regular mail to the following postal address:

ATTN: General Counsel
XOJET, Inc.
2000 Sierra Point Parkway
Brisbane, CA 94005

Terms of Use

Last Updated: June 15, 2017

This Terms of Use (the “Terms”) governs your use of websites and applications (collectively, the “Services”), including any content, functionality and purchase of such Services, of XOJET, Inc. and its controlled affiliates and subsidiaries (collectively, “XOJET,” “we,” “us,” or “our”). Please read the Terms carefully before you start to use our Services.

By using our Services, you agree to abide by the Terms and our other policies. If you do not agree with any part of the Terms or our other policies, please do not use the Services; by using the Services you will be deemed to have irrevocably agreed to the Terms and our other policies.

  1. Intellectual Property Ownership. XOJET owns and retains all intellectual property rights to the Services but does not claim ownership of information, products, or services held by the owner of the websites to which our Services link. All content, text, images, data, information, features, functionalities, and other materials displayed, available, or present on the Services are the property of XOJET or the designated owners, and are protected by applicable intellectual property laws, whether registered or not, and wherever in the world those rights may exist. You should assume that everything you see or read on the Services (or that is linked to the Services) is protected by trade dress, copyright, patent, trademark, various other intellectual property rights and laws, and unfair competition laws, unless otherwise noted, and may not be used without the written permission of XOJET or the designated owner, except as provided in the Terms.

    XOJET, Inc., XOJET, and other XOJET logos and products and service names are trademarks of XOJET and these marks, together with any other XOJET trade names, service marks, logos, domain names, and other distinctive brand features, are the “XOJET Brand Features.” Except as described in the Section “Limited License” or unless you have agreed otherwise in writing with XOJET, nothing in the Terms gives you a right to use any XOJET Brand Features without our explicit written authorization. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. You agree that you shall not, and shall not permit anyone else under your reasonable authority or control to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code or other basis of XOJET’s technology.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Services in breach of the Terms, your right to use the Services may be revoked immediately. In the event this happens, your right to use the Services will stop immediately and you must, at our discretion, return or destroy any copies of the materials you made. Any use of the Services not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

  2. Your Representations. You agree and have the authority, under the laws of the jurisdiction in which you reside, to make the following representations in addition to any other representations and warranties contained in the Terms:
    • You are eighteen (18) years of age or older, or have obtained legal authorization from your parent or legal guardian, and possess the legal right and ability to enter into these Terms and to use the Services in accordance with all the terms and conditions of the Terms;
    • You accept financial responsibility for all uses of our Services under your name or accounting, including without limitation all uses of your account by others, including minors that are living with you;
    • The information you provide to us and our affiliates and subsidiaries is complete, accurate, and up-to-date when provided;
    • If you are NOT a United States (“U.S.”) customer, you confirm that the use or access to our Services is not a violation of any export or import ban, or similar restriction in the country in which you reside;
    • If you allow other individuals to use the Services under your name or account, you agree to pay all charges that they incur and to be responsible for all other aspects of their usage; and,
    • You agree not to assign, transfer, or sublicense your rights pursuant to the Terms.
    In the event of a violation of the foregoing representations, we have the right to suspend or terminate part of or the entirety of your account and our Services to you on a temporary or permanent basis at our sole discretion and without notice.
  3. Prohibited Uses. As a condition of your use of our Services, you represent and warrant to XOJET that you will not use the Services:
    • For any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices;
    • To violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export or import of data or software to and from the U.S. or other countries);
    • To solicit login information or access an account belonging to someone else without their prior authorization;
    • To collect users' information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) or similar or equivalent manual processes to access, acquire, copy or monitor our Services without our permission;
    • To damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of our Services;
    • For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way;
    • To impersonate or attempt to impersonate XOJET, an XOJET employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);
    • To transmit, or procure sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm XOJET or users of the Services or expose them to liability;
    • In any manner that could disable, overburden, damage, or impair the Services or interfere with other party’s use of the Services, including their ability to engage in real-time activities through the Services;
    • To monitor or copy any of the material on the Services on a manual or automated basis, or for any other unauthorized purpose without our prior written consent;
    • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
    • Attempt to probe, scan, or test the vulnerability of any XOJET Services, system or network or breach any security or authentication measures without the intent to first report such vulnerability to XOJET;
    • Access, tamper with, or use non-public areas of the Services, XOJET’s computer systems, or the technical delivery systems of XOJET’s providers;
    • To attack the Services with a denial-of-service attack or a distributed denial-of-service attack; and
    • Otherwise attempt to interfere with the proper working of the Services.
    In the event of a violation of the foregoing representations, we have the right to suspend or terminate part of or the entirety of your account and our Services to you on a temporary or permanent basis at our sole discretion and without notice.
  4. Reporting Misconduct. You should immediately report any knowledge of or suspicions you have that an individual is acting or has acted inappropriately in violation of our Terms by contacting us at privacy@xojet.com. If you believe that the misconduct is against the law or may be violating the law, then you should report the individual to the appropriate authorities and then to XOJET. By reporting to us, you agree that we are not obligated to take any action beyond what is required by law or cause us to incur any liability to you or others.
  5. User Content. Except as provided in XOJET's Privacy Policy, the content or materials that you submit, post, publish, display, or transmit to or through the Services or XOJET (“User Content”) will be deemed to be non-confidential and non-proprietary and may be disclosed through the Services to unknown persons on a worldwide basis without control by XOJET, including for browsing, downloading, printing, and other uses by such other persons or entities. You shall not submit User Content except for content that is fully authorized for purposes of the Services and the Terms, and does not infringe upon any person's intellectual property or other proprietary rights. You have the burden of determining the extent to which User Content is protected by applicable intellectual property laws. XOJET shall have the royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, publish, distribute, modify, display, link to, or use, in any form or media, any User Content. XOJET does not endorse any User Content or third-party product or service that may appear on the Services. Nothing in the Terms shall obligate XOJET to use any User Content or to include or post such User Content on the Services. You acknowledge and agree that we may retain, disclose, or remove any User Content if we believe that we are required to do so by law, or we deem such retention, disclosure or removal as necessary or appropriate in our sole discretion to (i) comply with our legal obligations or government requests; (ii) enforce the Terms; (iii) respond to claims that any User Content violates the rights of third parties; and (iv) protect the rights, safety, or property of the Services, the public, or other users. Please refer to XOJET's Privacy Policy for the Services with respect to the special treatment of personal information you provide to XOJET.
  6. Registration and Passwords. XOJET may at times require you to have a password and provide registration details to access the Services or portions of the Services. If XOJET does require a password and registration details, it shall be a condition of use of the Services that all the details you provide are correct, current, and complete. If XOJET believes that the details are not correct, current, or complete, XOJET will have the right to refuse you access to the Services, or any of its resources, and to terminate or suspend your account. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Services, and you are fully responsible for all activities that occur under your account or password(s). You agree to notify XOJET immediately of any unauthorized use of your account or password(s). XOJET reserves the absolute right not to issue a password to any person or entity for any or no reason.
  7. Access Arrangements and Fees. Your use of the Services shall be in accordance with any and all procedures, forms, formats, displays, and operating times as may be determined, specified, or modified by XOJET in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services. XOJET charges no fees at this time for using the Services, but reserves the right to impose or modify fees in connection with use of the Services (or portions of the Services) at any time without liability. Your initial purchase of our Services does not entitle you to any different or additional services or technologies we may choose to offer in the future, and you may have to pay additional fees to obtain such future services or technologies. Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and XOJET or unless otherwise required by XOJET. XOJET will provide notice of such changes.
  8. Changes to Services. We reserve the right to withdraw or amend our Services, including any services or materials we provide on or through our Services, on a temporary or permanent basis at our sole discretion and without notice. You agree that we are not liable if, for any reason, all or part of our Services are unavailable at any time or for any period. Without notice, we may restrict your access to all or part of our Services. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated the Terms.
  9. Third-Party Websites and Other Information. The Services may contain, as a convenience to you, content, links, and other information submitted by third parties over whom XOJET has no control or responsibility, as well as translations thereof that XOJET may arrange. XOJET has no obligation to monitor, control, or restrict the use of the Services or third-party sites accessible via links on the Services. These other sites are not under the control of XOJET, and you acknowledge that (whether or not such sites are affiliated in any way with XOJET) XOJET is not responsible, whether directly or indirectly, for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. XOJET shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of, or reliance on such content, goods, or services available through third-party sites. The inclusion of such a link does not imply endorsement of any site by XOJET or any association with its operators.
  10. Limited License. XOJET grants you a limited license to copy and distribute free of charge, for non-commercial purposes only, any of the content that may appear on or through our Services, unless marked as not subject to this limited license. For example, you may print one or more copies of a flight itinerary and share it with your friends and family members. However, you must ensure that (a) the content as it appears on our Services shall be distributed with no changes to the original content, including, but not limited to, the presentment of collections of content; and (b) you include or retain the following attribution on any materials you may distribute: XOJET, Inc. All Rights Reserved.
  11. International Use. XOJET is a global company, and it recognizes that your use of our Services is also global in nature. You agree to comply with all local rules regarding online conduct and acceptable content when using our Services. The software, technology, and other information made available through the Services are further subject to United States export controls and, potentially, the export and import laws of your jurisdiction. No software, technology, or other information from our Services may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from our Services in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
  12. Disclaimer of Warranties. XOJET disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed by using the Services. XOJET disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Services.
    • THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. XOJET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES.
    • YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHER MATERIAL OR DATA OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL XOJET OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF XOJET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES; FROM INABILITY TO USE THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR IN CONNECTION WITH THE SERVICES; ANY ACTION TAKEN BY XOJET AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER XOJET, LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES; THE IMPROPER AUTHORIZATION FOR THE SERVICES BY AN INDIVIDUAL OR ENTITY CLAIMING SUCH AUTHORITY; OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; LOST PROFITS; OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
    • SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
    • Without limiting the foregoing, under no circumstances shall XOJET or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
  14. Indemnification. You shall defend, indemnify, and hold harmless XOJET and its affiliates, officers, directors, employees, contractors, successors, and assigns from and against any and all demands, claims, damages, losses, costs (including reasonable attorney’s fees), liabilities, expenses, or other harms arising out of or in connection with your use of the Services; your online conduct; your breach of the Terms; your violation of any rights of another individual; due to or arising out of your User Content you submit, post, or transmit through our Services; or due to dealings or transactions with other persons resulting from use of the Services. You agree to cooperate as reasonably required in the defense of any such claim. XOJET reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of XOJET.
  15. Release and Waiver. To the maximum extent permitted by law, you hereby release and waive all claims against XOJET and its affiliates, officers, directors, employees, contractors, successors, and assigns from any and all liability for claims, damages (actual and consequential), costs, and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Services. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
  16. Security. You acknowledge that security safeguards, by their nature, are capable of circumvention and XOJET does not and cannot guarantee that personal information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (i.e. hackers) who may use viruses, worms, Trojan horses, and other undesireable and malicious data and software to obtain access to or damage our Services.
  17. Notice. XOJET will provide notice by either email, regular mail or by displaying notices or links to you on the Services. Any notice made via email or regular mail will be based on the information we have on file. To ensure that you receive our notices, please keep your contact information up-to-date. Official notices to XOJET related to the Terms must be sent to:

    ATTN: General Counsel
    XOJET, Inc.
    2000 Sierra Point Parkway
    Brisbane, CA 94005

  18. Modification to the Terms. The Terms are subject to change from time to time at XOJET’s sole discretion. When these changes are made, XOJET will make a new copy of the Terms available here and any new additional terms will be made available to you from within, or through, the affected Services via notification. Therefore, you are advised to review the Terms periodically. Your continued use of the Services subsequent to XOJET's notice of modification of the Terms shall constitute your acceptance of the modified Terms.
  19. Privacy Policy. You agree that XOJET's Privacy Policy (available at www.xojet.com/privacy), which may be updated from time to time, governs XOJET’s collection, use and disclosure of your personal information and is hereby incorporated by reference into the Terms.
  20. Miscellaneous.
    • Entire Agreement. The Terms, Privacy Policy and any other agreements you enter into with XOJET on paper, constitutes the entire agreement governing your access to, dealing with, and use of the Services; provided, however, that certain provisions of the Terms may be superseded by separate agreements that may attach to any goods, products, or services you obtain, purchase, or use from the Services. In the event of a conflict between the terms of any of the documents, the Terms of Use shall control. You may also be subject to additional terms and conditions that may apply when you access or use the services, content, or software of our affiliates, third parties or collaborating partners.
    • Governing Law. Except to the extent preempted by U.S. federal law, the laws of the State of California, without giving effect to the conflicts of law provisions, govern any legal action or proceeding between XOJET and you arising out of or related to the these Terms and the Privacy Policy, including your use and access to the Services or any other content.
    • Arbitration. Any controversy or claim arising out of or relating to the use of the Services and the Terms (including without limitation the Privacy Policy and other XOJET policies) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”), and not by lawsuit or a court process, except as California law provides for judicial review of arbitration proceedings. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, class or representative action. The decision of the arbitrator shall be final, binding, and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, XOJET may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Any claim under the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred; claims made under the separate terms and conditions of purchase for goods or services are not subject to this limitation. Further, you acknowledge and understand that XOJET has no obligation to become involved in any dispute between you, any other user, or any other person. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of San Francisco County in the State of California, and waive any objection to such jurisdiction or venue.
    • Headings. The section titles in the Terms are for your convenience only and have no legal or contractual effect.
    • Assignment. You may not assign or delegate any rights or obligations under the Terms, and any such attempts will be ineffective. XOJET can freely assign or delegate all rights and obligations under the Terms in part or in its entirety without notice to you.
    • Severability. If any term or provision of the Terms is found to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, such finding shall not affect the validity or enforceability of any other terms or provisions and such term or provision shall modified to the extent necessary to render such term or provision enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in the Terms. Your obligations pursuant to the Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or the Terms.
    • Waiver. XOJET's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.