SetJetters Terms of Service
LAST UPDATED: October 25, 2022
SetJetters, Inc. (“SetJetters,” “us,” “our,” or “we”) created these Terms of Service (the “Terms”) for you to understand the rules that apply when you use the website located at www.setjetters.com, our app offered through the Apple App Store and the Google Play Store, or when you visit our social media channels (the “Service”). By using the Service, you agree to the following:
1. You Agree to the Terms. You acknowledge that you accept these Terms and our Privacy Policy (incorporated into these Terms by reference). If you don’t agree with the Terms, then you may not use the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time. If you want to be notified about changes to these Terms and the Privacy Policy, please email ripley@setjetters.com and we will add you to our notification list. If you continue to use the Service after we make changes, you agree to the changes.
2. Eligibility. The Service may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal minority under applicable law), or if not, that you have reviewed these Terms with your parent or legal guardian and that person agrees to be bound by these Terms.
3. License and Restrictions. We grant you a limited license to use the Service for your personal use only. You may not use the Service in any way that interferes with our ownership rights in the Service, and we may terminate your access to the Service if you are in breach of these Terms. The following activities may also result in termination of your access to the Service:
a) Commercially exploiting the Service, meaning you cannot use, sell, lease, or participate in any other activity that serves to generate income from the Service;
b) Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
c) Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
d) Reverse engineering, decompiling, disassembling, translating, modifying or altering the Service, in whole or in part, or any related documentation provided through the Service;
e) Preparing or creating derivative works based on the Service;
f) Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
g) Misrepresenting the source of ownership of the Service; and
h) Conducting any other activity that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service and infringing the intellectual property or other rights of third parties.
4. Ownership.
a) SetJetters Materials. We retain all right, title, and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”).
b) Third Party Content. The Service may include third-party content and links to websites or content owned or operated by third parties (“Third Party Content”). We do not own or control any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third parties should have their own terms of service and privacy policies, so be sure to check those out.
c) User Content. If you provide us with feedback regarding any aspect of the Service, we will own all rights in and to such feedback and any derivative products or services developed from the feedback. Any content that you share or upload through the Service may be protected by intellectual property laws (“User Content”). You will retain all rights to User Content and hereby grant SetJetters an irrevocable, unlimited, non-exclusive, transferable, sub-licensable, royalty free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You may delete content from the Service, at which time the license to SetJetters will terminate.
When you submit or upload content to the Service, you represent and warrant the following:
you own all copyright in the User Content, or if you are not the owner, you have obtained all necessary rights required to use the User Content in the Service;
the User Content will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
the User Content and your use of the Service will comply with all applicable law, rules and regulations;
the User Content does not contain material that defames or vilifies any person, people, genders, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
the User Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
the User Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
If User Content breaches these Terms, SetJetters reserves the right, in our sole discretion, to remove any User Content from the website and/or cancel your account. You agree to indemnify SetJetters in respect to any direct or indirect damage caused by your breach of these Terms.
d) Reporting Inappropriate Content to SetJetters. SetJetters reserves the right, but is under no obligation, to remove any User Content that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. SetJetters is not able to manually review User Content before it appears through the Service so we appreciate your help by alerting us to any such User Content you see through our Service by contacting us at ripley@setjetters.com.
e) Reporting Infringing Content to SetJetters. If you believe your copyright or other intellectual property rights are being infringed, you may make a formal complaint by following our process located here.
5. Creating an Account. Portions of the Service allow you to create an account with us (“Account”). To create an Account, you will need to provide us with your email address, first and last name, and password. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.
6. Purchases through the Service. The Service may provide you the opportunity to purchase our products directly (“SetJetters Products”). You may need to provide certain personal information to our third party payment providers (“Payment Providers”) so your purchase of SetJetters Products can be fulfilled. Payment information provided to Payment Providers is not retained by us. Please see the Privacy Policy for more information. We have the right to limit the sales of SetJetters Products to any person or geographic location. All descriptions of SetJetters Products and pricing is subject to change at any time without notice. We also reserve the right to discontinue any SetJetters Products at any time. We reserve the right to refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service.
a) SetJetters Products Refund Policy. SetJetters stands by the quality and craftmanship of our products and we are committed to customer satisfaction. Due to the custom nature of the SetJetters Products, we do not offer refunds. If your order is delivered incorrectly or damaged or if you’d like to get in touch with us about an order, please reach out within thirty (30) days of your purchase to ripley@setjetters.com.
7. SetJetters Product Availability & Display. Occasionally there may be information through the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information through the Service or Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information through the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied through the Service should be taken to indicate that all information through the Service has been modified or updated.
8. Third Party Services. Our Service may include services from people or companies that are separate from us (“Third Party Providers”). Examples of Third Party Providers include, without limitation, payment providers, order processors, and shipping providers. Even though we may link you to Third Party Providers, we have no control over their products or services or the platforms they are offered on. Therefore, we are not responsible for any content, advertising, products, or other materials on or available from Third Party Providers. Please note Third Party Providers may have their own terms of use and privacy policies which you must comply with.
9. Stay Connected. In order to access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access.
10. How We Use Your Personal Information. For information on how we use your personal information while you use the Service, please check out our Privacy Policy.
11. Modifying/Terminating Service. We reserve the right to modify, update, or discontinue our Service, or any features, or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Service at any time for any reason without notice, obligation, or liability to you.
12. NO WARRANTIES AND LIMITATION OF LIABILITY.
A) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
B) THE SERVICE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
C) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $500 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Indemnity. You will indemnify, defend, and hold SetJetters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
14. Accessibility. We are committed to giving each user the best possible experience through our Service. If you have a concern about your access or ability to access our Service, let us know by filing a notice as described in Section 15 below.
15. Disputes and Claims.
a) Notice of Dispute or Claim. You will not file any legal action against SetJetters in any forum without submitting a detailed description of your dispute or claim to SetJetters at ripley@setjetters.com ("Claim"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the website page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.
b) Resolution Process. SetJetters has ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with SetJetters. If SetJetters agrees to mediation, the mediation will take place in Seattle, Washington with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
c) Litigation. If a dispute between you and SetJetters cannot be resolved informally or through mediation, litigation may be commenced either in the district court of King County, Washington, for state court cases, or in the United States District Court for the Western District of Washington for federal court cases. Each Party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each Party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
d) Jury and Class Action Waiver. YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
e) Time Limitation. Any Claims must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
f) Governing Law/Attorney’s Fees. These Terms will be governed by the laws of Washington state without giving effect to applicable conflict of law provisions. The substantially prevailing party in any dispute litigation regarding any Claim will be entitled to recover reasonable attorney’s fees and costs, including expert costs.
g) Injunctive Relief. Your breach of these Terms is likely to cause immediate and/or irreparable harm to SetJetters. As such, we may seek injunctive relief against you without the need to post bond.
16. General.
e) Our Relationship. You and SetJetters are independent parties and nothing in these Terms creates an employment or agency relationship.
b) Severability. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.
c) Assignment. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent.
d) Section Headings. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.
e) Waiver. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.
f) Entire Agreement. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
17. Our Contact Information. If you have questions regarding the Terms, please contact us at ripley@setjetters.com.