Kalitta Charters, L.L.C. Welcomes you to kalittacharters.com. We ask that you read the following terms of use, which constitute a license that covers your use of this site and any transactions that you engage in through this site (“agreement”). By accessing, viewing, or using this site, you acknowledge that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms, please do not use this site.

USE OF SITE

This Web site is provided solely for the use of current and future customers of Kalitta Charters, L.L.C. to provide you with information about our company, to permit you to place orders for our services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:

• any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
• any advertisement, solicitation, spam, chain letter, or other similar type of information;
• any encouragement of illegal activity;
• unauthorized use or disclosure of private, personally identifiable information of others; or
• any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP

The information contained on this site, including all images, designs, photographs, software, writings, graphs, data, and other materials (“Materials”) are the property of Kalitta Charters, L.L.C. and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Contents. Except as provided in this Notice, Kalitta Charters, L.L.C. does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY

You expressly agree that use of this Web site is at your sole risk. Neither Kalitta Charters, L.L.C., its affiliates, nor any of its employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Kalitta Charters, L.L.C. does not warrant reliability of any statement or other information displayed or distributed through the site. Kalitta Charters, L.L.C. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Kalitta Charters, L.L.C. may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

This site and the information, content, and materials on this site are provided on an “as is,” “where is,” and “where available” basis. Kalitta Charters, L.L.C. Makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, Kalitta Charters, L.L.C. Expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.

LIMITATION OF LIABILITIES

You agree that Kalitta Charters, L.L.C. And its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Kalitta Charters, L.L.C. Be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether Kalitta Charters, L.L.C. Has been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kalitta Charters, L.L.C., its affiliates, agents, employees, and partners from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

INTERNET PRIVACY POLICY

Our Commitment to Privacy 

Your privacy is very important to us. Part of our operation of this Web site involves the collection and use of information about you. This privacy policy explains what type of information we collect and what we do with that information to allow you to make choices about the way your information is collected and used. This privacy policy may change from time to time, so please check it often.

What Information Do We Collect? 

In general, you can visit this Web site without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable. Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user, such as name, address, or phone number. An example of anonymous information is the fact that, while this Web site may record the number of visits to a particular page that occur in a given period of time, it does not necessarily tell us the names or other identifying information of every visitor. Many users of this Web site will choose not to provide any personally identifiable information; therefore, those individuals are anonymous to us, and any data collected about their use of this Web site is anonymous information.

Automatic Anonymous Information 

When you visit our site, we collect certain technical and routing information about your computer. For example, we log environmental variables such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service. We also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We use your IP address to track your use of the site, including pages visited and the time spent on each page. We collect this information and use it to measure the use of this Web site and to improve its content and performance. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

Cookies    

This site uses cookies. Cookies are small data files, typically made up of a string of text and numbers, which assign you a unique identifier. This information enables your computer to have a “dialogue” with our site and permits us to administer our site more efficiently and to provide a more tailored and user-friendly service to you. You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if so, this may limit the functionality we can provide you when you visit our site.

Third parties that link on this site may use cookies or collect other information when you go to their site. We do not control the collection or use of your information by these companies. You should contact these companies directly if you have any questions about their collection or use of information about you.

How Do We Use Information We Collect? 

We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.

We will not sell or give any personally identifiable information to any third parties.

We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.

Opt-Out Policy 

If at any time you do not wish to receive offers and e-mails from us, we ask that you tell us. You may remove your name from our mailing list by sending us an e-mail addressed to webmaster@kalittacharters.com and indicating in the subject line “No Offers or E-mail.”

Security 

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

Transfer of Customer Information 

Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, Kalitta Charters, L.L.C. may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Kalitta Charters, L.L.C. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Kalitta Charters, L.L.C. Kalitta Charters, L.L.C. does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Kalitta Charters, L.L.C. Links do not imply that Kalitta Charters, L.L.C. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Kalitta Charters, L.L.C. or any of its affiliates or subsidiaries. Except for links to information authored by Kalitta Charters, L.L.C., Kalitta Charters, L.L.C. is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Kalitta Charters, L.L.C. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. Kalitta Charters, L.L.C. makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Washtenaw County, Michigan for any disputes with Kalitta Charters, L.L.C. arising out of your use of this site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Kalitta Charters, L.L.C. and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Kalitta Charters, L.L.C. with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Kalitta Charters, L.L.C. does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from Kalitta Charters, L.L.C. solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.