TERMS AND CONDITIONS OF USE

Last Modified: April 9, 2021
Effective Date: April 9, 2021

1. Introduction. The Shenandoah Valley Airport website located at https://flyshd.com/ (together with any subdomains of flyshd.com, this “Site” or the “SHD Website”) is provided by the Shenandoah Valley Regional Airport Commission (referred to in these Terms of Use as “SHD”, “we”, “us”, or “our”). By accessing or using this Site, you agree to be bound by the provisions of these Terms and Conditions of Use (these “Terms of Use”) and the Privacy Policy. By agreeing to these Terms of Use, SHD grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Site in accordance with these Terms of Use. If you violate any of these Terms of Use, the foregoing limited license to use this Site will automatically terminate. These Terms of Use do not apply to any products or services that SHD provides to you pursuant to a separate written contract. You agree to read these Terms of Use carefully.

2. Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (referred to in these Terms of Use as “you” or “your”) and SHD. Your use of this Site constitutes your acceptance of these Terms of Use.

3. Privacy Policy. Our Privacy Policy, located at https://flyshd.com/privacy (the “Privacy Policy”), explains how we collect and use your information. You acknowledge and agree that the provisions of the Privacy Policy are made a part of these Terms of Use.

4. Modification. We may, without notice, update and make additions, deletions, or other modifications to these Terms of Use (including the Privacy Policy) from time to time. We encourage you to review these Terms of Use and the Privacy Policy each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date of such use. If you do not agree with the updated Terms of Use or Privacy Policy, you agree that you will promptly discontinue your use of this Site. Notwithstanding the foregoing, no modification by us of these Terms of Use or the Privacy Policy will apply retroactively.

5. Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control (each, a “Third Party Site”). In general, any website that has an address (or URL) not containing our domain name (flyshd.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between SHD and a Third Party Site; or (b) SHD’s approval, sponsorship, or endorsement of (i) a Third Party Site or the organization or individual operating such Third Party Site, or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site.

6. Ownership; Use of Site. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, photos, and other media and documents (each, a “Work”, collectively “Works”), together with all Intellectual Property Rights (as defined below) therein and thereto are owned by SHD (or the third party owners thereof). These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print each Work that is available on this Site for your personal use, provided that you do not use any Works for public or commercial purposes. You may not use any Work in any manner that suggests an association between SHD and any other person, entity, or organization. You may not (a) upload or post any of the materials on this Site to any other website, or (b) publicly make available, display, distribute, or perform any of the materials on this Site, or (c) engage in hotlinking with respect to any materials on this Site. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder. As used in these Terms of Use, “Intellectual Property Rights” means all worldwide copyrights, trademark rights, patent rights, trade secret rights, moral rights, publicity rights, and all other intellectual property rights, and all rights, causes of action, or rights of enforcement relating to any intellectual property.

7. Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions (collectively, “Feedback”). You agree not to send us any information or ideas through this Site that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback in any and all media or distribution methods, and to exercise all Intellectual Property Rights in and to your Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 7 will continue to apply even if you stop using the Site and will survive the expiration, cancellation, or termination of these Terms of Use.

8. Advertising. This Site may include advertising, which may be targeted to you based on your use of this Site and other information. In exchange for us granting you permission to access and use this Site, you consent to SHD (and our third party providers, partners, and affiliates) placing such advertising on this Site.

9. Disclaimer of Warranties. You expressly understand and agree as follows:

            9.1. This Site and all content and information available on or through this Site (including all Works) are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.

            9.2. we expressly disclaim all warranties, express or implied, relating to THE SHD WEBSITE and all content and information available on OR THROUGH THE SHD WEBSITE (including all Works) to the fullest extent permissible under applicable law, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.

            9.3. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. We make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.

10. Limitation of Liability.

            10.1. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER SHD Nor any of its officers, DIRECTORS, ATTORNEYS, employees, consultants, contractors, agents, or affiliates (collectively, “SHD parties”) WILL be liable to you for any injury, loss, or damage of any kind whatsoever relating to your access or use of THIS SITE. The foregoing exclusion applies without limitation to all liability for lost profits and any special, incidental, indirect, consequential, punitive or reliance damages, regardless of whether such liability is based on breach of contract, tort, negligence, strict liability, breach of warranties, failure of essential purpose or otherwise and even if THE SHD PARTIES wERE advised of the possibility of such damages.

            10.2. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.

            10.3. If you do not agree with these Terms of Use or if you seek to assert any claim against any SHD Parties arising out of, or relating to, these Terms of Use, or your access or use of this Site, any Work, or any other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.

11. Indemnification; Breach. You agree to indemnify, defend, and hold harmless the SHD Parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use this Site (including any Works), your violation of these Terms of Use, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. SHD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SHD in asserting any available defenses. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by SHD in connection with any litigation relating to such breach.

12. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of this Site by Children are prohibited by these Terms of Use. This Site is not designed for or marketed to Children, and SHD does not knowingly collect Personal Information (as defined in the Privacy Policy) from Children through this Site. By using this Site and/or submitting any information to SHD through this Site, you promise that you are at least thirteen (13) years old.

13. Termination. We may, at any time, terminate your right and license to use this Site. Your right to use this Site (including all Works) will terminate immediately and automatically if you breach any of these Terms of Use. Any termination, cancellation, or expiration of these Terms of Use or of your rights or licenses hereunder notwithstanding, provisions which are by their terms intended to survive and continue will so survive and continue, including without limitation Sections 5, 6, 7, 9, 10, 11, and

14. General Provisions.

            14.1. Reservation of Rights. We reserve all rights relating to this Site and the content and information available on or through this Site (including all Works) not expressly granted to you by these Terms of Use.

            14.2. Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.

            14.3. Non-Waiver. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of SHD.

            14.4. Governing Law and Venue. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regard to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Use and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Use. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of any state or federal court located in Augusta County, Virginia or the City of Harrisonburg, Virginia with respect to all disputes arising out of or relating to these Terms of Use, your use of this Site, or any Work or other content and information on this Site. We retain all rights at law and in equity to enforce the provisions of these Terms of Use in accordance with applicable laws.

            14.5.  No Assignment.  These Terms of Use are personal to you. Neither these Terms of Use nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.

15. Contacting Us. You may contact us using any of the methods listed at: https://flyshd.com/contact.