Effective Date: May 30, 2019
Welcome to Tokay Air. By accessing or using our website and services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these terms, please do not use our services.
1. Introduction
These Terms govern your access to and use of Tokay Air’s website, products, and services. By using our services, you agree to comply with these Terms and any applicable laws and regulations.
2. Eligibility
To use our services, you must be at least 18 years old or have the consent of a parent or guardian. By using our services, you represent and warrant that you have the legal capacity to enter into these Terms.
3. Account Registration
3.1 Creating an Account
To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. Tokay Air is not liable for any loss or damage arising from your failure to safeguard your account information.
4. Use of Services
4.1 Permitted Use
You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services in any way that violates applicable laws or regulations.
4.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Unauthorized Access: Attempting to access any part of the services without authorization.
- Disruption: Introducing viruses or other harmful materials that may harm our services or users.
- Data Harvesting: Collecting or storing personal information of other users without their consent.
- Impersonation: Misrepresenting your identity or affiliation with any person or entity.
4.3 Intellectual Property
Tokay Air and its licensors own all rights, title, and interest in and to the services, including all related intellectual property rights. You are granted a limited, non-exclusive, non-transferable license to use the services for personal, non-commercial purposes.
5. Payment and Billing
5.1 Payment Information
If you purchase any products or services, you agree to provide accurate and complete payment information. You authorize us to charge your payment method for the applicable fees.
5.2 Billing
All fees are in U.S. dollars unless otherwise stated. You are responsible for paying any applicable taxes. Tokay Air reserves the right to change its prices at any time, but we will notify you in advance of any changes.
6. Termination
6.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination, your right to use the services will immediately cease.
6.2 Termination by Tokay Air
We reserve the right to suspend or terminate your account or access to our services at any time, with or without notice, for any reason, including but not limited to a breach of these Terms.
7. Limitation of Liability
To the fullest extent permitted by law, Tokay Air and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services.
8. Indemnification
You agree to indemnify and hold Tokay Air and its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or connected with your use of our services or breach of these Terms.
9. Dispute Resolution
9.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
9.2 Arbitration
Any disputes arising from or related to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [Insert City, State].
10. Miscellaneous
10.1 Entire Agreement
These Terms constitute the entire agreement between you and Tokay Air regarding your use of our services and supersede all prior agreements.
10.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
10.3 Waiver
The failure of Tokay Air to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: info@tokayair.com
Mailing Address: 420 W Pine St. Ste 11 Lodi, CA 95240
Phone: (209) 257-3156
12. Additional Disclosures
12.1 Compliance with AT&T and T-Mobile
- We do not engage in affiliate lead or lead generation campaigns that share collected information with third parties.
- We do not share, sell, or rent consumer consent or personal information to third parties for marketing purposes.
12.2 CTIA Messaging Guidelines
- Call-to-Action: We provide clear and conspicuous calls-to-action with appropriate disclosures regarding messaging programs.
- Privacy Policy: We maintain and display a clear and accessible privacy policy that explains how we collect, use, and share information.
12.3 Opt-In List Management
We create and manage our own opt-in lists and do not use lists that have been rented, sold, or shared with third parties.
