Purchase Terms & Conditions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble. "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services. "Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon. "Member" means an individual who has registered with the Site. Members choose a Member ID and a password. "Member ID" means the e-mail address you use (with your password) to login to our Site. "PRO, PROskydiving, PROskydiving.com" or "we" means PROskydiving, Inc., and its subsidiaries and affiliates. "Products and Services" means the experiences purchased from us or through any of our associated skydiving campuses, and other items available through the Site. "Provider" means PROskydiving, Inc's licensors, suppliers, information providers, and skydiving and aviation related service providers. "Purchase" means to book, reserve, or purchase. The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website. "Site" means this website and any respective subsites, together with the respective Content, Marks, Products and Services available from this Site and any subsites. "Exclusive" offers are exclusive to PROskydiving, Inc. and its affiliated companies
2. Scope and Terms
These Terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of PROskydiving, Inc. and its Providers.
Additional terms may apply when you Purchase Products or Services, or when you participate in other promotions. These additional terms are found in the area of the Site where you will Purchase a Product or Service. You agree to abide by the terms and conditions of imposed by any Provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site. The United States Parachute Association (USPA) mandates that all skydiving participants are 18 years of age or older. PROskydiving.com and PROskydiving, Inc. adheres to all USPA recommendations and guidelines.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored on your account. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
3. Use of the Site
PROskydiving.com and PROskydiving, Inc. grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way, and you must reproduce the PROskydiving, Inc. copyright notice (or the Provider's notice as applicable) in the form: © 2008 PROskydiving, Inc. - All Rights reserved as displayed on the relevant page(s) that you might copy. Except as provided above, you may not • Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever; • Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; • Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site; • Reverse engineer any part of this Site; or • Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires PROskydiving, Inc. to allow you to do so, you may not do any of the following without the prior written consent of PROskydiving, Inc.: • Use any robot, spider, other automatic device, or manual process to monitor Content; • Use the Site other than to make legitimate reservations or purchases; • Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand; • Imply in any fashion that PROskydiving, Inc. is endorsing your products or services; • Place false or misleading information on the Site, • Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. • Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by PROskydiving, Inc., other Site users or members; • Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party; • Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or • Disguise the origin of the information transmitted through the Site. Member ID and Password :
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information.
PROskydiving, Inc., in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. PROskydiving, Inc. shall not be responsible to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that PROskydiving, Inc. shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms at any time and without notice.
4. Privacy and Security
5. Services and Content
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site. You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided below. Viruses We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
6. Links to third party sites
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites. You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that (a) you give PROskydiving, Inc. prior written notice of such link by contacting customercare@PROskydiving.com, to request PROskydiving, Inc’s permission to establish the link; (b) you discontinue providing a link to our Site if so requested by PROskydiving, Inc.; (c) you do not imply in any fashion that PROskydiving, Inc. is endorsing any of your products or service or is affiliated with you, (d) you do not present PROskydiving, Inc. in a false light, or provide misleading or false information about PROskydiving, Inc., or its Site or Services, (e) you do not remove or obscure the copyright notices, or other notices on this Site; (f) you do not use any Mark of PROskydiving, Inc.; and (g) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with PROskydiving, Inc.
7. Intellectual Property
This Site is the sole and exclusive property of PROskydiving, Inc. or its licensors. PROskydiving, Inc. and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
PROskydiving, Inc., PROskydiving.com, and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of PROskydiving, Inc. and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from PROskydiving, Inc. or the relevant Provider, except as an integral part of any authorized copy of the Content.
Additional Copyright Notices:
Much of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of the Terms. If there is a conflict between the Additional Copyright Notices and the remainder of these Terms, the Additional Copyright Notice supersede any provision of these Terms with respect to the Content to which it pertains.
Your Comments and Submissions
Any communications or materials you transmit to PROskydiving, Inc., through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant PROskydiving, Inc., and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
PROskydiving, Inc. may charge a fee for the service it provides when you purchase, book or reserve travel services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
9. Disclaimer of Warranty
PROskydiving, Inc. and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. PROskydiving, Inc. and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that PROskydiving, Inc. is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, PROSKYDIVING, INC. AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of PROskydiving, Inc. IN NO EVENT WILL PROSKYDIVING, INC. OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF PROSKYDIVING, INC. AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, PROskydiving, Inc. or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then PROskydiving, Inc. and the Providers' liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You agree to defend and indemnify PROskydiving, Inc. and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against PROskydiving, Inc. as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
12. Skydiving Services Terms and Conditions
Reservations, bookings, and purchases
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. PROskydiving, Inc. reserves the right to update, cancel, or otherwise change the content of our online network of skydiving service providers. Skydiving experiences purchased via PROskydiving.com and any of the PROskydiving, Inc. websites are valid for 1 year (365 days) from the date of purchase. 1 year extensions are available for a fee if purchased PRIOR TO THE EXPIRATION DATE. Each of PROskydiving, Inc.’s service providers have unique terms and conditions including, but not limited to, height and weight restrictions, weather policies, and no-show fees. Consumer is responsible for all terms and conditions specific to their chosen provider.
The laws of the State of Illinois (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Kane County, Illinois (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms, and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
15. Provisions of these Terms and Conditions
Prior Terms and Conditions:
These Terms supersede any prior PROskydiving, Inc. Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
16. Contact Information
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by PROskydiving, Inc., you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: PROskydiving Customer Service
669 Sheffield Circle, IL 60554 USA