(Effective as of 10/20/17)
“Company” – Daily Hangar, LLC, Also referred to as “we”, “us”
“Service” or “Site” – All pages, links, profiles, technologies, etc. associated with www.dailyhangar.com
“User” – Anyone who accesses the Service
ABOUT THE SERVICE
The Service allows you to conveniently list a hangar for transient pilot rental or rent an available hangar for transient pilot use. The service was designed for three reasons: 1) Provide a platform that improves the exposure of available and underutilized hangars nation-wide; 2) increase the convenience for hangar owners, Fixed Base Operators (“FBO”) and municipalities to list hangars available for transient use; and 3) allow transient pilots to access available short-term hangar resources for rent, via the Service. We are not a party to any Rental Agreement, our site is a venue to facilitate rental. Any part of an actual or potential transaction between a pilot and a host is the sole responsibility of each user. We do not provide insurance or coverage for planes or hangars.
Daily Hangar, the Company, and any employees of Daily Hangar do not assume any liability for damage to planes or hangars using this service. We do collect insurance information on the planes and the hangars that are using the site, but it is the responsibility of the plane and hangar owners to know their coverage and know the coverage of other parties with which they are doing business.
If you as a user of the the site has a dispute with one or more users of the site or any third party, you hereby agree to release, revise and forever discharge each member of the Daily Hangar Company and their employees from all matter of rights, claims, complaints, demands for action, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or use of this site.
As a user you also agree to indemnify, defend and hold each member of the Daily Hangar Company harmless from and against any and all liability and costs incurred by the indemnified parties in connection with a claim arising out of your use of the site.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years of age to register for and use the Service.
If you are a User who signs up for the Service, User will create a personalized account, which includes a unique username and password to access the Service. User’s unique account will allow you to receive messages from Daily Hangar and other Users you chose to interact with through the Service. Password creation and strength is at the sole discretion of the User but it is recommended to use best practices ([Use passphrases / 12-16 varying characters long]) for prevention of illegal entry by others to your secure information. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Users are responsible for maintaining their User Content and the accuracy of any information listed on their account or posted in the public areas of the Service [See section regarding user content below]. The accuracy and effectiveness of the Service is dependent upon User maintenance and management of their information and interaction with other users. Neglect on the part of the User to maintain their account may result in denial of use of the Service.
A credit card or debit card is required for all transactions. A third party secure site (Stripe.com) will be utilized and facilitate the payment from one user to another. Payment information is required to book and make a reservation, this information will be requested at the time the account is created and can be kept on file with Stripe.com. Payment is due upon acceptance of a booking. Please refer to cancellation policy for terms of cancellation. No hangar owners, FBO’s or municipalities may request any User to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a hangar rental transaction. Any violation of this term or any other unacceptable payment methods may result in removal from this site. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
All refunds will be granted if a cancellation is accepted by the hangar listing. [see cancellation policy below]
The Company is, as previously stated, is only a service to connect the transient pilot with hangar hosts. The host retains all responsibility and authority to set and maintain their rental fees for their facility. The advertised rental rate will be the amount that the host will receive less a 4% service fee retained by the Company. There is no additional credit card fee retained, charged, or withheld by Stripe.com beyond the 4% fee that the Company charges. For the pilot booking a hangar, the advertised hangar rental rate will be the rate paid by the pilot plus a 7% service fee charged by the Company. The fees will be broken down in your Reservation Details page on your dashboard, per booking. The service fee will be added in the transaction through Stripe.com.
We retain the right to revised service fees at any time.
All reservations for hangar space will be paid at the time the reservation is accepted by the host. The third party credit card company (Stripe.com) will execute this transaction. If a reservation is cancelled more than 24 hours in advance, in most cases, there will be a full refund for the reservation. If the reservation is cancelled less than 24 hours (one calendar day) in advance the refund of the rental is up to the discretion of the renting hangar host. There is a $10 service charge for all reservations cancelled less than 24 hours. This will not be refunded unless there are extenuating circumstances and the hangar host determines the service fee should be refunded. All refunds will be processed thorough the credit card under which the reservation was made. These refunds are subject to any restrictions and limitations that the third party credit card company (Stripe.com) may have in place.
As always, it is a pilots responsibility to decide when it is safe to fly and make those decisions based on their judgement. Do not consider this site to be a predictor of the weather or in any way to have any responsibility to determine safe flying conditions.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
- Deep link to any portion of the Site without or express written permission;
- Reverse engineer any part of the site;
- Sell, offer for sale, transfer or license any portion of the Site in any form to third parties;
- Use the service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Provide false or inaccurate information when registering an account, plane, or hangar;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you will be able to provide and at times be required to provide personal information, a picture of yourself and basic pilot/hangar information. You are solely responsible for the User Content and the accuracy of the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
It is extremely hard to verify all user content and this Site does not assume any responsibility for the verification of each User’s identity. This is an obvious reason why we have chosen to use a third party vendor, Stripe.com, for all transactions. Take reasonable measures to assure the accuracy of the other person's identity and the hangar that is posted.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will submit photographs that you have the right to use and if others in the photograph you have the permission of others to use their likeness. You will also use photographs that accurately and fairly represent the subject matter appropriately without alteration; Daily Hangar may use any photographs posted on the website for marketing or publicity; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
The Service will utilize a review rating system based on submitted feedback by users of hangars and hangar owners/operators, following their exchange. The purpose of this is to better the User experience by providing User specific hangar owner and/or pilot feedback. Reviews resulting in excessive negative ratings may result in denial of use of the Service. The Company reserves the right to review any negative reviews with the specific User. This Company reserves to right to deny any one the use of the Service for any reason.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at Daily Hangar, LLC, P.O. Box 2771, Parker, CO 80134:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out* of such email by changing your account settings or sending an email to firstname.lastname@example.org or mail to the following postal address:
Daily Hangar, LLC, P.O. Box 2771, Parker, CO 80138.
*Opting out may prevent you from receiving messages regarding the Company or special offers.
DAILY HANGAR WILL ATTEMPT TO RESOLVE ALL DISPUTES THROUGH OUR CUSTOMER SERVICE DEPARTMENT. CUSTOMER SUPPORT MUST RECEIVE WRITTEN COMMUNICATION FOR ANY CLAIMS AT DAILY HANGAR, LLC, P.O. BOX 2771, PARKER, CO 80134.
ALL CLAIMS WILL ATTEMPTED TO BE RESOLVED THROUGH MEDIATION. IF UNABLE TO RESOLVE, ANY AND ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION. ALL ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES. ALL ARBITRATION WILL BE CONDUCTED IN THE STATE OF COLORADO AS THIS IS THE ORIGIN OF THE WEBSITE AND THE HOME OF THE COMPANY. LAWS OF THE STATE OF COLORADO WILL BE FOLLOWED.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users, an owner of a hangar or service that you review using the Service, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.