Date Modified: February 2013
2. About Us; Disclaimers
1. Air Ambulance Central (AAC) is an authorized indirect Air Carrier (IAC) utilizing the services of licensed Part 121 and 135 air carriers to meet your air ambulance transportation need. AAC does not own, lease or operate aircraft, and has no affiliation with any direct air carrier. As an IAC, AAC contracts for the provision of air transportation services in its own name and coordinates the provision of medical services for your flight.
2. The Site if for booking air ambulance transportation services only. We do not provide medical advice. Any medical information contained on the Site is provided for general educational purposes only. Your use of the Site does not constitute doctor-patient relationship.
3. Intellectual Property; DMCA Notice
1. IP. All Site contents, registered and unregistered trademarks, information, images, and design (the “Intellectual Property”) belongs to Air Ambulance Central and its content suppliers. The Intellectual Property is protected by the U.S. and international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the ownership or identity of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site.
2. DMCA. We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
Lawrence R. Bercu
Air Ambulance America
6538 Collins Ave, Suite 298 Miami, FL 33141
Email: I n f email@example.com
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
4. Your Representations and Warranties
By using this Site, you represent, warrant and agree that:
1. You are of full legal age and capacity to form a binding contract. If you represent an entity, you have received all necessary authorizations.
2. You will provide a valid payment method information when necessary and pay all sums due when due.
4. You will only use the Site for legal purposes without interfering with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy (including medical privacy) and publicity. You will not submit any advertising or promotional material.
5. You will abide by all applicable privacy and confidentiality (medical and otherwise) principles and laws to the fullest extent.
7. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice or explanation.
8. Site content is provided “as is” with no warranty of any kind and we may withdraw or modify it without notice or liability to anybody. The use of and reliance on any Site content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available.
5. Breach; Indemnification
2. Since we cannot ensure that all material submitted to us is accurate, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. Limited Liability
1. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONDUCT, SERVICES OR INFORMATION RECEIVED THROUGH OUR SITE. WE ARE NOT LIABLE FOR ANY TIME LOSS, PROPERTY DAMAGE, BODILY INJURY OR DEATH OF THE SITE USER OR ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE COLLECTED SERVICE CHARGE. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
2. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
7. Linking to the Site
1. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site.
2. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
9. Severability; Non-Waiver
10. Governing Law; Binding Arbitration
Any dispute, controversy or claim arising out of your use of this website shall, upon the request of any party involved, be submitted to and settled by binding arbitration in Miami Beach, Florida, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party. You understand that THIS CLAUSE MEANS YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
11. Contact Information
Please direct your questions, comments or concerns to our customer service representatives via e-mail: I n f firstname.lastname@example.org, by mail 6538 Collins Ave, Suite 298 Miami Beach, FL 33141, or by phone: 1-800-827-0745 Hours of operation: 24 Hours/ 7 days a week/ 365 days a year.