TERMS OF USE AND AGREEMENT
Airlift Flyers Aviation Corp. (ALFA) is a nonprofit corporation registered in the State of Florida existing to arrange free or subsidized travel and airfreight services to nonprofit charitable organizations. This agreement is the entire agreement between ALFA and its logistics service providers or partners, flight donors or flight beneficiaries hereinafter referred to as Users. This agreement includes all of ALFA’s policies, disclaimers and limitation of liability statements. ALFA does not agree to, and shall not be bound by, any other terms. By using or accessing ALFA’s services, Users affirm that they have read and agree to the terms of this agreement including all aspects of the ALFA disclaimers, limitations of liability, and privacy policy statements.
ALFA functions as an information-sharing link to facilitate and coordinate flights between pilots / aircraft operators (a/k/a Donors) wishing to donate (or subsidize the cost of) passenger seats or cargo space to benefit nonprofit charitable and humanitarian groups and NGOs (a/k/a Organizations) wishing to travel or airship goods from USA to overseas destinations. It is the responsibility of those using ALFA’s services to determine compliance with all laws within the national boundaries of the areas to which they seek to airship goods or travel. It is the responsibility of the pilot in command (PIC) to comply with all FAA regulations and observe applicable foreign regulations at overseas destinations.
ALFA services are intended to be used primarily by Organizations and Donors (a/k/a Users) to benefit economic development, humanitarian aid or disaster relief activities conducted by nonprofit Organizations. ALFA’s services may not be used for commercial purposes or sold, resold or traded to any entity for lucrative purposes of monetary gain. Neither ALFA nor its officers, affiliates, suppliers, partners, contractors, volunteers, service providers, agents or other associates are engaged in rendering advice regarding compliance with applicable local, state, federal or international laws, regulations, Customs duties, tariffs or taxes, and shall have no liability or responsibility to any party for any loss, charges, fees or damage caused or alleged to be caused by the use of any services rendered by ALFA.
ALFA offers its services free of charge to Donors and Organizations but reserves the right to change this policy and charge for its services to cover operating expenses at any time in the future. At that time users will be notified in advance that any further use of any of ALFA’s particular services will incur a fee such as subscription charge or transaction or membership fee and users will either agree to the fee structure or elect to discontinue use.
ALFA’s services are provided without warranty of any kind either expressed or implied .ALFA’s officers, partners, suppliers, patrons, contractors, volunteers, service providers, agents or other affiliates (a/k/a Associates) disclaim any and all implied warranties regarding ALFA and the information obtained there from, including any warranty of merchant ability or fitness for a particular purpose. Neither ALFA nor any of its Associates shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to any use of any kind of ALFA’s services.
Users agree that if they have any questions regarding ALFA use policies they will contact or e-mail ALFA before they use it’s services per the terms of this agreement. ALFA will be glad to discuss and evaluate any User’s needs, questions or concerns before they agree to such terms but under no conditions shall ALFA be held at fault for not delivering services as may be expected by User that may be deemed onerous or beyond ALFA’s capabilities or resources at ALFA’s own discretion regardless of precedent.
ALFA shall never and/or under no circumstances be held responsible or liable to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the use by any of ALFA’s services. Liability by ALFA may be limited exclusively to a refund of a transaction contribution charge or membership donation, if any. Using any of ALFA’s logistics solutions, information services, email address or website data constitutes acceptance of the terms by User and is a declaration by the User that they have read and accept all of the terms of the agreement.
Whenever applicable, Users voluntarily agree to pay any donations, fees and charges as per current ALFA pricing and payment policies, if any, including recurrent fees and/or charges, if any. ALFA fees may be changed from time to time after providing ample previous notice. By providing ALFA with a credit card account number and information, if needed, Users authorize may, at their sole discretion, to continue to charge that account monthly the agreed upon donations, fees and/or charges. Monthly donations or contribution charges may be charged up to 30 days in advance of the first day of the month for which such charges relate. Users agree to notify ALFA immediately of any changes in credit card information, including without limitation any change in expiration date.
Material downloaded from the Alfa.Aero website is limited to print copies of forms to be filled out and returned to ALFA upon completion. No other copying is authorized without prior written permission from ALFA. Users agree to pay any donations or contributions pledged to ALFA on time. Services may be terminated upon failure to pay pledged contributions or donations that support specific services. Subject to applicable law Users must notify ALFA of accounting errors or requests for refunds within 60 days of the date of the error.
Users expressly agree not to use ALFA directly or indirectly to undertake or accomplish any unlawful purpose or in violation of any ALFA non-commercial policy. ALFA’s acceptable use policies, as posted on its Alfa.Aero website, may change from time to time and Users agree to consult the current policies regularly to conform to the most recent version. Users agree to comply with all federal, state and local laws in using ALFA services as tendered for non-commercial use only and Users agree to respect and abide by this intent and purpose. Specifically,ALFA service-Users agree not to make commercial use of ALFA services for personal or collective financial gain or business profit.
Under no circumstance and under no legal theory (including without limitation tort, contract and otherwise) shall ALFA’s Associates have any liability to any subscriber/user or to any person or entity for any direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including without limitation loss of profits, time, earnings, or opportunities, and personal injuries including death resulting directly or indirectly out of or otherwise arising in connection with use of ALFA services. ALFA shall not be liable to Users, through their use of ALFA’s services, whether liability is alleged as a result of software or hardware damage to Users computer, computer viruses, faulty data, corruption of files, delays in operation, or other defects. Users agree that ALFA and its Associates are not liable under any legal theory for damages sustained by any subscriber/user of ALFA services arising out of any mutual consensual meeting of Users for the purpose of arranging transportation among themselves or to coordinate flights for any other purpose within the expressed purpose. ALFA specifically states that it has not determined and will not investigate the veracity of any posted statements made by any one subscriber/user that may be relied upon by any other subscriber/user, and all subscribers/users agree to hold ALFA harmless for any claims in any form that any subscribers/users or others may allege have occurred as a result of reliance on such posted statements.
ALFA shall have no obligation to monitor postings made in connection with its services. However, Users acknowledge and agree ALFA shall have the right to monitor all postings placed by Users. ALFA reserves the right to refuse to upload, post, publish, transmit or store any information in whole or in part that in ALFA’s sole discretion is contrary to it’s principles, unacceptable, undesirable, or in violation of this agreement. Any sensitive, personal or confidential information posted, stored, transmitted, or disseminated by Users is done so at their sole risk and neither ALFA nor its Associates shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such postings or transmissions of sensitive or personal confidential information by subscribers/users. ALFA urges Users to keep private any and all information of a sensitive personal or financial nature, and not to share such information with others unless and until they have carefully evaluated the circumstances and after exercising their own personal discretion.
ALFA is committed to keeping User’s personal and corporate information confidential. ALFA does not exchange, rent, sell or in any way divulge any personal confidential information about website visitors and/or subscribers/users to any outside sources. Registering with and providing personal confidential information to ALFA allows other Users to access and take advantage of subscriber-only information, if any, through the Alfa.Aero website and ALFA not share such information with any outside entities except as pertinent to the specific flight mission requested by Organizations or offered by Donors or as may be otherwise required by law.
Visitors to the Alfa.Aero are assured that ALFA places utmost emphasis on the privacy and safeguarding of their information. ALFA maintains a list of e-mail addresses of its member subscribers and users for purposes of communicating relevant information, confirmation of member status, reminders, newsletters, as well as other pertinent reasons. ALFA will utilize user information in the usual course of information exchange in the performance of normal operations such as notices, alerts and administration. From time to time reputable companies, Organizations, or Sponsors may have promotions, special offers, events and other valuable information to share with ALFA and its Users. If ALFA Users wish to participate in such promotions, special offers, or other events they must affirmatively and expressly request to be included. Such request to share User information can be accomplished by contacting ALFA and authorizing release of information by e-mail or by using the contact/feedback form on the Alfa.Aero website. Such authorization shall remain in effect until ALFA is directed to discontinue sharing such information at which point ALFA will retain all such information, keep it private, and will not share it with others.
ALFA may at any time amend this agreement and modify its services available to Users, whenever applicable. An amended agreement will be made available online to Users and will be effective immediately upon posting. By acknowledging acceptance or by using website-posted information services, Users agree to be bound by the amended agreement. Users are responsible for all access to and use User’s services by means of email address. Users are not permitted to share any other User’s email address without the other User’s expressed permission. ALFA makes no warranties or representations that access to its services or to the Alfa.Aero website may be uninterrupted or error free. ALFA may terminate services per this agreement and end and User access to User services at its sole arbitrary discretion. ALFA will provide written or email notice of termination if a User commits a material breach of this agreement or if ALFA determines a User is ineligible to use ALFA’s services. This agreement is governed by the laws of the State of Florida. If any provision of the agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforce-ability of the other provisions of the agreement will not be affected. Failure by ALFA to enforce any provision of this agreement will not constitute a waiver of the right to later enforce it. Users agree to provide ALFA with accurate and complete information necessary to process User’s registration and to promptly notify ALFA of any changes in such information. Failure to do so will constitute a material breach of this agreement for which ALFA shall have the right to terminate access to specific services. This sentence concludes this entire agreement.
Permissions of Use Registered Marks, Copyrights, and Web Material
Airlift Flyers Aviation Corp.’s (a/k/a ALFA or ALFA AERO) logo, trademarks and service marks (collective the “Registered Marks”) such as “Flying for goodness sake” TM are the property of and reserved by ALFA with exclusive right to their use including the limited use by others as provided herein though written permission of ALFA at its sole discretion. Except where otherwise noted, all works on this site, including text, copy, graphics, compositions, images, photographs and videos (collectively the “Copyrighted Materials”), are copyrighted by ALFA or others with primary privileges. All rights are reserved. Authorized users are permitted and encouraged to download, reproduce, and distribute the Copyrighted Materials for strictly humanitarian or educational endeavors with respect to the work ALFA performs on condition that the Copyrighted Materials are not altered in any way, are reproduced in their entirety, and that no fee, charge or profit is exacted. Copyrighted Materials may not be used in such a way as to imply partnership with or endorsement by ALFA or to promote or advertise commercial goods or services. All uses of the Copyrighted Material not expressly permitted hereby are prohibited without the written permission of ALFA.