Waitlist Terms of Use

1. The promoter of this Instagram prize draw (the “Prize Draw”) is: The Club Airport Lounges. The Club is operated by Airport Dimensions Holdings Ltd. trading as “Airport Dimensions”, a wholly owned subsidiary of The Collinson Group Ltd. (“Collinson Group”) ("We"). Our head offices are located in the United States at 7950 Legacy Drive, Suite #700, Plano, TX 75024 USA and in the United Kingdom at 3 More London Riverside, London, SE1 2AQ (the “Promoter”).    

2. How to enter    

1. The Prize Draw will run from December 7th, 2023 (the "Opening Date") to 9:00am (CST time) on December 14th, 2023 (the "Closing Date") inclusive (the “Entry Period”). One (1) winner will be announced on or after November3rd, 2023 from The Club via an Instagram direct message (“DM”).    

2. All Prize Draw entries must be received by the Promoter by no later than 9:00am (CST Time) on the Closing Date. All Prize Draw entries received after the Closing Date are automatically disqualified. To enter the Prize Draw, entrants must during the Entry Period: a. Follow the @theclublounges Instagram account (https://www.instagram.com/theclublounges/); b. Continue following the account until at least the end of the Entry Period; and; c. Like the competition post and; d. Tag a friend in the comment section of said post @theclublounges (one comment equals one entry, maximum ten entries per person)    

3. The Prize Draw is free to enter, and no purchase is necessary. Entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.    

 4. The Prize Draw Entries should: a. Once contacted by direct message from The Club, provide their email and full name to receive a $100 (value of 2 lounge entry) discount code to be applied at checkout. This code will be valid for 1 year after the date it is sent.  b. Make booking via www.theclubairportlounges.com using email provided  i. passengers full name (as they appear on boarding pass); and ii. the lounge location; and iii. date and time of arrival to the lounge (entry is permitted 3 hours prior to flight time). The Promoter will not accept:  a. Responsibility for Prize Draw entries that are lost, mislaid, denied entry to said lounge location, any lounge closures, technical malfunctions, equipment failure, systems, satellite, network, server, computer hardware or software failure of any kind   

 5. By submitting a Prize Draw entry, you are agreeing to be bound by these terms and conditions.     

3. Eligibility     

1. The Prize Draw is open to all entrants aged 18 years or over except: a. employees of the Promoter or its holding or subsidiary companies;  b. employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Prize Draw or its administration; or  c. members of the immediate families or households of (a) and (b) above.     

2. In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter may require you to provide proof that you are eligible to enter the Prize Draw.     

3. The Promoter will not accept Prize Draw entries that are:  a. automatically generated by computer;  b. completed by third parties or in bulk;  c. illegible, have been altered, reconstructed, forged or tampered with;  d. photocopies and not originals; or  e. incomplete.     

4. There is a limit of one entry to the Prize Draw per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.     

5. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Prize Draw.      

4. The prize     

1. The winning entrants (“Winner(s)”) will receive:  a. A voucher code to the value of $100 which entitles booking lounge entry for two (2) on www.theclubairportlounges.com. The Winner may book The Club airport lounges in the United States and the voucher must be used within 12 months. Lounges in the United Kingdom are excluded from this competition.     

 If the voucher code is not used within the 12 months, it will expire, and the Winner will be unable to use it.    

2. There will be a total of one winning entrant.     

3. The Prize is not negotiable or transferable and no cash alternative is offered. The Promoter reserves the right to replace the Prize with an alternative Prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.    

4. The Prize is to be used in addition to any bookings that the Winner may already have made.    

5. Winners     

1. The Winners will be chosen:  a. By an employee of the Promoter recording all Instagram handles that made comments on the Competition post, entering all into a random generator, which will select one handle at random. Said employee of the Promoter, will then cross check that the handle has liked the Competition post and follow @theclublounges Instagram page. (https://www.instagram.com/theclublounges/) b. Winner will be privately messaged on Instagram    

2. The decision of the Promoter regarding any aspect of the Prize Draw is final and binding and no correspondence or discussion will be entered into.     

3. The Winners must have a registered Instagram account and will be notified on the Instagram platform through two attempts by the Promoter to contact the Winners within 7 days of the Selection Date. To claim the Prize, the Winners will be asked to provide their full name and email address to the Promoter. If any Winner does not respond to the Promoter within seven days of the second contact from the Promoter, then the Winner's Prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.     

4. The Promoter must either publish information that indicates that a valid award took place or send a direct message to the Winner. To comply with this obligation the Promoter will publish the Instagram handle of the Winner on The Club’s Instagram and tag them, ensuring the Winner has agreed to this after contacting them to notify them they have been selected as a winner.    

5. If you object to any or all of your surname, country and winning entry being published or made available, please contact the Promoter at marketing@airportdimensions.com In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.     

6. The Prize Voucher will be sent by the Promoter via Instagram DM within 30 days of the Winner complying with the conditions of clause 5.3, and subject to compliance with clause 5.7 below. The Promoter accepts no responsibility and no liability if the Prize is lost whilst in transit to the Winner or if you are not able to take up the Prize.     

7. The Prize may not be claimed by a third party on your behalf   

6. Limitation of liability   

1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.     

7. Ownership of Prize Draw   

entries and intellectual property rights     

1. All Prize Draw entries and any accompanying material submitted to the Promoter (including but not limited to the Photograph) will become the property of the Promoter on receipt and will not be returned.     

2. By submitting your Prize Draw entry and any accompanying material, you confirm that you have the necessary rights and permission from everyone in the Photograph for it to be published and shared in accordance with these terms and you agree to:  a. assign to the Promoter all your intellectual property rights with full title guarantee; and  b. waive all moral rights,  in and to your Prize Draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.     

3. You agree that the Promoter may, but is not required to, make your entry available on its website at https://theclubairportlounges.com and any other media, whether now known or invented in the future, and in connection with any publicity of the Prize Draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Prize Draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Prize Draw entry and any accompanying materials for such purposes.     

8. Data protection and publicity   

 1. By entering this Prize Draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this Prize Draw and any other purposes to which the entrants have consented. Any uses of personal data received by the Promoter in the course of the Prize Draw are subject to all applicable data protection laws and to the privacy policy found on the Promoter’s website at  https://theclubairportlounges.com/pages/privacy-policy.     

9. General     

1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Prize Draw.     

2. Use of the Prize Membership by any Winners and/or their guest(s) will be on the Promoter’s standard Conditions of Use, found on the Promoter’s website at: https://theclubairportlounges.com/pages/terms-of-use.     

3. The Promoter reserves the right to hold void, suspend, cancel, or amend the Prize Draw where it becomes necessary to do so.     

4. The Promoter reserves the right to review, amend and/or revise these terms and conditions at any time without giving prior notice and, by continuing to take part in the Prize Draw subsequent to any revision of these Terms and Conditions, the entrants shall be deemed to have agreed to any such new or amended terms and the entrants agree that no liability shall attach to the Promoter as a result thereof.     

5. The Promoter reserves the right at any time in its sole discretion and without notice to hold void, suspend, amend or revoke the Prize Membership, including without limitation as a result of being made aware by whatever means of any actions by any Winner which brings the Promoter into public disrepute, contempt, scandal or ridicule or reflect unfavourably on this Prize Draw as determined by the Promoter in its sole discretion.     

6. Any provision in the terms and conditions which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining unaffected provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.    

7. The Prize Draw is in no way sponsored, endorsed or administrated by InstagramTM. Entrants must abide by the terms and conditions of each social media outlet as applicable (see their website for that information) to participate in any prize draw or competition, including this Prize Draw.     

8. These terms and conditions shall be governed by the laws of State of Texas, United States and the parties submit to the non-exclusive jurisdiction of the state or federal courts located in Collin Couty, Texas.     

   

Instagram Prize Draw Terms and Conditions

1. The promoter of this Instagram prize draw (the “Prize Draw”) is: The Club Airport Lounges. The Club is operated by Airport Dimensions Holdings Ltd. trading as “Airport Dimensions”, a wholly owned subsidiary of The Collinson Group Ltd. (“Collinson Group”) ("We"). Our head offices are located in the United States at 7950 Legacy Drive, Suite #700, Plano, TX 75024 USA and in the United Kingdom at 3 More London Riverside, London, SE1 2AQ (the “Promoter”).    

2. How to enter    

1. The Prize Draw will run from December 7th, 2023 (the "Opening Date") to 9:00am (CST time) on December 14th, 2023 (the "Closing Date") inclusive (the “Entry Period”). Two (2) winners will be announced on or after December 14th, 2023 from The Club via an Instagram direct message (“DM”).    

2. All Prize Draw entries must be received by the Promoter by no later than 9:00am (CST Time) on the Closing Date. All Prize Draw entries received after the Closing Date are automatically disqualified. To enter the Prize Draw, entrants must during the Entry Period: a. Follow the @theclublounges Instagram account (https://www.instagram.com/theclublounges/); b. Continue following the account until at least the end of the Entry Period; and; c. Like the competition post and; d. Tag a friend in the comment section of said post @theclublounges (one comment equals one entry, maximum ten entries per person)    

3. The Prize Draw is free to enter, and no purchase is necessary. Entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.    

 4. The Prize Draw Entries should: a. Once contacted by direct message from The Club, provide their email and full name to receive a $100 (value of 2 lounge entry) discount code to be applied at checkout. This code will be valid for 1 year after the date it is sent.  b. Make booking via www.theclubairportlounges.com using email provided  i. passengers full name (as they appear on boarding pass); and ii. the lounge location; and iii. date and time of arrival to the lounge (entry is permitted 3 hours prior to flight time). The Promoter will not accept:  a. Responsibility for Prize Draw entries that are lost, mislaid, denied entry to said lounge location, any lounge closures, technical malfunctions, equipment failure, systems, satellite, network, server, computer hardware or software failure of any kind   

 5. By submitting a Prize Draw entry, you are agreeing to be bound by these terms and conditions.     

3. Eligibility     

1. The Prize Draw is open to all entrants aged 18 years or over except: a. employees of the Promoter or its holding or subsidiary companies;  b. employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Prize Draw or its administration; or  c. members of the immediate families or households of (a) and (b) above.     

2. In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim the Prize. The Promoter may require you to provide proof that you are eligible to enter the Prize Draw.     

3. The Promoter will not accept Prize Draw entries that are:  a. automatically generated by computer;  b. completed by third parties or in bulk;  c. illegible, have been altered, reconstructed, forged or tampered with;  d. photocopies and not originals; or  e. incomplete.     

4. There is a limit of one entry to the Prize Draw per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.     

5. The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Prize Draw.      

4. The prize     

1. The winning entrants (“Winner(s)”) will receive:  a. A voucher code to the value of $100 which entitles booking lounge entry for two (2) on www.theclubairportlounges.com. The Winner may book The Club airport lounges in the United States and the voucher code must be used within 12 months. Lounges in the United Kingdom are excluded from this competition.     

 If the voucher code is not used within the 12 months, it will expire, and the Winner will be unable to use it.    

2. There will be a total of two winning entrants.     

3. The Prize is not negotiable or transferable and no cash alternative is offered. The Promoter reserves the right to replace the Prize with an alternative Prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.    

4. The Prize is to be used in addition to any bookings that the Winner may already have made.    

5. Winners     

1. The Winners will be chosen:  a. By an employee of the Promoter recording all Instagram handles that made comments on the Competition post, entering all into a random generator, which will select two handle(s) at random. Said employee of the Promoter, will then cross check that the handle(s) has liked the Competition post and follow @theclublounges Instagram page. (https://www.instagram.com/theclublounges/) b. Winner(s) will be privately messaged on Instagram.

2. The decision of the Promoter regarding any aspect of the Prize Draw is final and binding and no correspondence or discussion will be entered into.     

3. The Winner(s) must have a registered Instagram account and will be notified on the Instagram platform through two attempts by the Promoter to contact the Winners within 7 days of the Selection Date. To claim the Prize, the Winner(s) will be asked to provide their full name and email address to the Promoter. If any Winner(s) does not respond to the Promoter within seven days of the second contact from the Promoter, then the Winner's Prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.     

4. The Promoter must either publish information that indicates that a valid award took place or send a direct message to the Winner. To comply with this obligation the Promoter will publish the Instagram handle of the Winner on The Club’s Instagram and tag them, ensuring the Winner has agreed to this after contacting them to notify them they have been selected as a winner.    

5. If you object to any or all of your surname, country and winning entry being published or made available, please contact the Promoter at marketing@airportdimensions.com In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.     

6. The Prize Voucher Code will be sent by the Promoter via Instagram DM within 30 days of the Winner complying with the conditions of clause 5.3, and subject to compliance with clause 5.7 below. The Promoter accepts no responsibility and no liability if the Prize is lost whilst in transit to the Winner or if you are not able to take up the Prize.     

7. The Prize may not be claimed by a third party on your behalf   

6. Limitation of liability   

1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.     

7. Ownership of Prize Draw   

entries and intellectual property rights     

1. All Prize Draw entries and any accompanying material submitted to the Promoter (including but not limited to the Photograph) will become the property of the Promoter on receipt and will not be returned.     

2. By submitting your Prize Draw entry and any accompanying material, you confirm that you have the necessary rights and permission from everyone in the Photograph for it to be published and shared in accordance with these terms and you agree to:  a. assign to the Promoter all your intellectual property rights with full title guarantee; and  b. waive all moral rights,  in and to your Prize Draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.     

3. You agree that the Promoter may, but is not required to, make your entry available on its website at https://theclubairportlounges.com and any other media, whether now known or invented in the future, and in connection with any publicity of the Prize Draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Prize Draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Prize Draw entry and any accompanying materials for such purposes.     

8. Data protection and publicity   

 1. By entering this Prize Draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this Prize Draw and any other purposes to which the entrants have consented. Any uses of personal data received by the Promoter in the course of the Prize Draw are subject to all applicable data protection laws and to the privacy policy found on the Promoter’s website at  https://theclubairportlounges.com/pages/privacy-policy.     

9. General     

1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Prize Draw.     

2. Use of the Prize Membership by any Winners and/or their guest(s) will be on the Promoter’s standard Conditions of Use, found on the Promoter’s website at: https://theclubairportlounges.com/pages/terms-of-use.     

3. The Promoter reserves the right to hold void, suspend, cancel, or amend the Prize Draw where it becomes necessary to do so.     

4. The Promoter reserves the right to review, amend and/or revise these terms and conditions at any time without giving prior notice and, by continuing to take part in the Prize Draw subsequent to any revision of these Terms and Conditions, the entrants shall be deemed to have agreed to any such new or amended terms and the entrants agree that no liability shall attach to the Promoter as a result thereof.     

5. The Promoter reserves the right at any time in its sole discretion and without notice to hold void, suspend, amend or revoke the Prize Membership, including without limitation as a result of being made aware by whatever means of any actions by any Winner which brings the Promoter into public disrepute, contempt, scandal or ridicule or reflect unfavourably on this Prize Draw as determined by the Promoter in its sole discretion.     

6. Any provision in the terms and conditions which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining unaffected provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.    

7. The Prize Draw is in no way sponsored, endorsed or administrated by InstagramTM. Entrants must abide by the terms and conditions of each social media outlet as applicable (see their website for that information) to participate in any prize draw or competition, including this Prize Draw.     

8. These terms and conditions shall be governed by the laws of State of Texas, United States and the parties submit to the non-exclusive jurisdiction of the state or federal courts located in Collin County, Texas.     

   

 

 

6. Limitation of liability  

1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.    

7. Ownership of Prize Draw  

entries and intellectual property rights    

1. All Prize Draw entries and any accompanying material submitted to the Promoter (including but not limited to the Photograph) will become the property of the Promoter on receipt and will not be returned.    

2. By submitting your Prize Draw entry and any accompanying material, you confirm that you have the necessary rights and permission from everyone in the Photograph for it to be published and shared in accordance with these terms and you agree to:  a. assign to the Promoter all your intellectual property rights with full title guarantee; and  b. waive all moral rights,  in and to your Prize Draw entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.    

3. You agree that the Promoter may, but is not required to, make your entry available on its website at https://theclubairportlounges.com and any other media, whether now known or invented in the future, and in connection with any publicity of the Prize Draw. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Prize Draw entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Prize Draw entry and any accompanying materials for such purposes.    

8. Data protection and publicity  

 1. By entering this Prize Draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this Prize Draw and any other purposes to which the entrants have consented. Any uses of personal data received by the Promoter in the course of the Prize Draw are subject to all applicable data protection laws and to the privacy policy found on the Promoter’s website at  https://theclubairportlounges.com/pages/privacy-policy.    

9. General    

1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Prize Draw.    

2. Use of the Prize Membership by any Winners and/or their guest(s) will be on the Promoter’s standard Conditions of Use, found on the Promoter’s website at: https://theclubairportlounges.com/pages/terms-of-use.    

3. The Promoter reserves the right to hold void, suspend, cancel, or amend the Prize Draw where it becomes necessary to do so.    

4. The Promoter reserves the right to review, amend and/or revise these terms and conditions at any time without giving prior notice and, by continuing to take part in the Prize Draw subsequent to any revision of these Terms and Conditions, the entrants shall be deemed to have agreed to any such new or amended terms and the entrants agree that no liability shall attach to the Promoter as a result thereof.    

5. The Promoter reserves the right at any time in its sole discretion and without notice to hold void, suspend, amend or revoke the Prize Membership, including without limitation as a result of being made aware by whatever means of any actions by any Winner which brings the Promoter into public disrepute, contempt, scandal or ridicule or reflect unfavourably on this Prize Draw as determined by the Promoter in its sole discretion.    

6. Any provision in the terms and conditions which is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining unaffected provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.   

7. The Prize Draw is in no way sponsored, endorsed or administrated by InstagramTM. Entrants must abide by the terms and conditions of each social media outlet as applicable (see their website for that information) to participate in any prize draw or competition, including this Prize Draw.    

8. These terms and conditions shall be governed by the laws of State of Texas, United States and the parties submit to the non-exclusive jurisdiction of the state or federal courts located in Collin Couty, Texas.    

  

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions (this “Agreement”) concern the online platform (together with its pages and features, whether in the form of a mobile application, website, or other electronic medium, the “Platform”) operated, hosted, and/or published by ALD Development Corp. (together with its affiliates, “Company”) and all associated services provided on, through, or in relation to the Platform (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Platform or the Services (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively, as the “Parties.”


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM AND/OR THE SERVICES BECAUSE IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY. THIS INCLUDES THE “DISPUTE RESOLUTION” CLAUSE CONTAINED IN THIS AGREEMENT, WHICH PROVIDES FOR BINDING ARBITRATION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS.


YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS AGREEMENT WHENEVER YOU ACCESS OR USE THE PLATFORM OR THE SERVICES, AND YOUR CONTINUING ACCESS OR USE OF ANY OF THE FOREGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT IN ITS ENTIRETY, THEN YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR THE SERVICES.


COMPANY MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS AGREEMENT AT ANY TIME. SUCH MODIFICATIONS WILL BE POSTED ON THE PLATFORM, AS COMPANY DEEMS APPROPRIATE IN ITS SOLE DISCRETION, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS AGREEMENT EACH TIME YOU ACCESS OR USE THE PLATFORM OR THE SERVICES.

  1. Eligibility. The Platform is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the Platform or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Platform or the Services.
  2. Your Devices. Certain portions of the Platform may be configured for, and Company may offer the Platform through, certain computers, tablets, smart phones or other electronic devices (“Devices”), and this Agreement shall apply with equal force and measure to your access and use of the Platform through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Platform. Company does not guarantee that the Platform or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or use the Platform through a particular Device, then you hereby acknowledge and agree that information about your use of the Platform through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Company and/or certain third parties (such as, by way of example only, your Device’s carrier or network). All or any part of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your access or use of the Platform. Company is not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges and taxes which may apply, if any.
  3. Ownership. The Platform and all elements and derivatives of the Platform, as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by Company. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law. For the avoidance of doubt, this Agreement permits you to use the Platform and the Services for your personal, non-commercial use only.
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    a. License of the Platform. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Platform, and to view the information and content found thereon. You must not access or use for any commercial purposes any part of the Platform or any services or materials (including, without limitation, the Services) available on or through the Platform. Your unauthorized use of the Platform, or any breach by you of this Agreement, automatically terminates this license.
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  5. Suspension or Termination of Service; Disclaimer. Company has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Platform. COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSION OR TERMINATION.
  6. Electronic Communications.
    a. Express Consent. You hereby expressly consent to Company sending or otherwise communicating with you to perform the Services via any electronic means or forms as Company deems appropriate in its sole discretion, whether through the Platform, by e-mail, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS), or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same.
    b. Email Opt-Out. You may opt-out of receiving any electronic messages from Company as described in Section 6(a) above at any time by sending an e-mail to info_americas@airportdimensions.com with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Platform and/or your ability to receive certain messages or notifications from Company.
  7. Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Platform: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity; (c) the reproduction of the Platform or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Company herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statements on, through, or in relation to the Platform that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Platform or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine to monitor, copy, disrupt, damage, injure, interfere with, or impermissibly access, in whole or in part, the Platform or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Platform or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Platform or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Platform or its servers; or (n) any other act that Company becomes aware of and believes in good faith is improper, illegal, or harmful to the Platform, its servers, or any person, entity, or property.
  8. Links to Other Platforms, Apps, Networks and Servers.
    a. Linked Technologies. The Platform, or any communications sent on, through, or as a function of the Platform, may contain links to third-party websites, networks, platforms, servers, or applications, and, similarly, third-party websites, networks, platforms, servers, applications, or communications may contain links to the Platform (collectively, “Linked Technologies”). The Linked Technologies are not under the control of Company or the Platform, and any such communications contain the outgoing links as a convenience to you, if for any purpose.
    b. Disclaimer About Linked Technologies. COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES. COMPANY DOES NOT MAKE, NOR HAS COMPANY MADE, ANY REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS, IMPLIED, OR OTHERWISE) CONCERNING THE TERMS OF USE OR SERVICE, PRIVACY POLICIES, AGREEMENTS, INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM THE LINKED TECHNOLOGIES, NOR SHALL THE FACT THAT THE PLATFORM MAY LINK TO OR FROM ANY LINKED TECHNOLOGIES CONSTITUTE AN AFFILIATION WITH, ASSOCIATION WITH, OR ENDORSEMENT OF SUCH LINKED TECHNOLOGIES OR ANY INFORMATION, CONTENT, GOODS, SERVICES, PROMOTIONS, ADVERTISEMENTS, PROGRAMS, CODES, OR OTHER ITEMS WHICH MAY BE FOUND ON OR EXCLUDED FROM SUCH LINKED TECHNOLOGIES. IF YOU DECIDE TO ACCESS ANY LINKED TECHNOLOGIES, THEN YOU DO SO AT YOUR OWN RISK.
  9. Take Down. Company reserves the right, but not the obligation, to take down or otherwise exclude from the Platform, without notice or recourse, any communications, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Platform that Company believes, at any time and in its sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity, misleading or deceptive, or otherwise illegal or something that Company considers unsuitable for the Platform.
  10. User Representations, Warranties, and Covenants. You represent, warrant, and covenant to Company that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that, by accepting this Agreement, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Platform, the Platform’s servers or any information, communications, or content found on or through them; (g) all information you provide to Company in connection with your access or use of the Platform is truthful and accurate; and (h) you are not listed on any United States government list of prohibited or restricted parties.
  11. Disclaimers and Limitations.
    a. General Disclaimer. YOUR ACCESS OR USE OF THE PLATFORM AND THE SERVICES MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS DONE AT YOUR OWN RISK. THE PLATFORM, THE SERVICES, AND ALL INFORMATION, COMMUNICATIONS, CONTENT, AND FEATURES MADE AVAILABLE ON THE PLATFORM ARE PROVIDED TO YOU ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY WARRANTY. COMPANY DOES NOT MAKE, NOR HAS COMPANY MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN, OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE PLATFORM, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, OR SAFETY. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE PLATFORM, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, AND SAFETY. COMPANY DOES NOT MAKE, NOR HAS COMPANY MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (WHETHER EXPRESS, IMPLIED, OR OTHERWISE) RELATING TO THE PLATFORM, THE SERVICES, OR ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT, OR FEATURES OR ITS SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY, OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN.
    b. Disclaimer About System Delays. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF COMPANY’S CONTROL. ACCORDINGLY, COMPANY SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES, OR DAMAGES ASSOCIATED WITH THE PLATFORM WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS,
    OR OTHER FAILURES OF, OR PROBLEMS WITH, THE PLATFORM WHICH ARE OUTSIDE OF COMPANY’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
    c. Limitation of Liability. IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS, OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH (I) YOUR ACCESS OR USE OF THE PLATFORM, OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION, (III) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES, OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), OR NETWORKS, (IV) ANY TRANSMISSION, DOWNLOAD, OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION, OR ROUTINE THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), OR (V) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT, OR COMMUNICATIONS TRANSMITTED THROUGH THE PLATFORM. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE PLATFORM AND THE SERVICES.
    d. Limitation of Remedies. IF COMPANY BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
    e. No Injunctive Relief. IF COMPANY BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE PLATFORM AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY APPLICABLE LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT); PROVIDED, THAT ANY SUCH NON-PRECLUDED CAUSE OF ACTION OR CLAIM IN CONNECTION WITH SUCH MONETARY REMEDIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR ELSE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  12. General Release of Claims. YOU HEREBY RELEASE AND HOLD HARMLESS COMPANY, COMPANY’S SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE PLATFORM, THE SERVICES, AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT. FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, (A) ENJOIN COMPANY, ANY OF COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS,
    VENDORS, OR LICENSEES OR (B) EXERCISE ANY OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT.
    YOU ALSO HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, WHICH PROVIDES:
    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
  13. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS COMPANY, COMPANY’S SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS, OR OMISSIONS, (B) YOUR USE OF THE PLATFORM OR THE SERVICES IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.
  14. Force Majeure. Company shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond Company’s reasonable control, and the time for Company’s performance shall be extended by the period of any such delay. Company reserves the right to apportion its production among its customers as it may determine.
  15. Termination; Survival. If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (a) all defined terms under this Agreement, (b) all rights and privileges under this Agreement which were granted to or accrued in favor of Company, any of Company’s subsidiaries or other affiliates, or any of their respective officers, directors, managers, owners, partners, agents, employees, representatives, trustees, assigns, transferees, contractors, vendors, or licensees as of the date of this Agreement’s termination, (c) all disclaimers, limitations of liability and limitations of remedies, and (d) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.
  16. Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein, your access or use of the Platform or any Services, the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) is governed by the laws of the State of Texas in the United States of America and the applicable federal laws of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.
  17. Dispute Resolution.
    a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies
    referenced in this Agreement, your access or use of the Platform or the Services, and/or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT SUCH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
    b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this Section 17 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
    c. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Travis County, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
    d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for the arbitrator’s decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorneys’ fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this Section 17. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
    e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that
    the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
    f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Travis County, Texas, United States of America and the United States federal courts in the Western District of Texas, Austin Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
    g. Waiver of Jury Trial and Class Action. REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING, OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING.
  18. Notice. Unless otherwise expressly stated in this Agreement, Company may give or deliver all other notices to you by means of a general notice posted on this or another page of the Platform, as applicable, or by email to your email address as you may provide to Company on or through the Platform, and such notices shall be deemed effective as of their stated effective dates.
  19. Relationship. In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Platform, or a Party’s access or use of the Platform or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and Company.
  20. Special Terms for Branded Lounges. Company may partner with certain third parties in connection with the operation of certain facilities and lounges for which the Platform and Services may be utilized (the “Third Party Partners”), and additional terms and conditions required by such Third Party Partners may be linked on or made accessible on or through the Platform.
  21. Miscellaneous.
    a. Electronic Signatures. IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.
    b. No Waiver. No failure or delay to exercise any right, remedy, power, or privilege arising from or in connection with this Agreement will operate or be construed as a waiver thereof, except as otherwise expressly stated in this Agreement. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion.
    c. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Company’s prior written consent in each instance.
    d. Construction and Interpretation. This Agreement shall be construed to have been drafted by all ofthe Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
    e. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement.
    f. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
    g. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink, constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
  22. Contact Us. Please direct any questions you may have about the Platform or this Agreement to info_americas@airportdimensions.com with a subject line of “Platform Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement
  23. Modification Date. This Agreement was last updated on December 1, 2023.