LAST UPDATED: MAY 1, 2021

The following terms and conditions, together with any documents that are expressly incorporated by reference (collectively, these “Terms of Use”), govern access to and use of this Hangar A Acquisitions, LLC (“Hangar A“) web application platform (the “Platform“).

Please read the Terms of Use carefully before using this Platform.By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available during the registration process, you accept and agree to be bound and abide by these Terms of Use and HangarA’s Privacy Policy, found incorporated by reference (“Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

If you are using this Platform on behalf of a corporation or other business entity, you represent that you are an authorized representative of such corporation or other business entity and are able to enter into a binding contract on its behalf. Otherwise, by using this Platform, you represent and warrant that you are of legal age to form a binding contract with Hangar A. If you do not meet these requirements, you must not access or use this Platform.

These Terms of Use do not govern the cargo-related services provided through this Platform by any of Hangar A’s authorized third-party service providers which are certified by Hangar A to provide services on its Platform (“Service Provider”).  

All cargo-related services provided on the Platform are governed by a separate commercial agreement between theCustomer and the Service Provider containing the Customer’s Terms of Service specific to the cargo-related services specified therein.  

Definitions

“Customer” means the registered user, or a corporation or other business entity if the registered user is using the Platform on behalf of such corporation or other business entity. The terms “you” and “your” also refer to the Customer.  

“Customer Content” means any data associated with or related to the Transaction Services rendered on the Hangar A Platform for the cargo-related services provided to its Customer, including but not limited to cargo manifests, price quotes, tariffs, shipping documents, and the specific data associated with a price quotation, including weight, volume, destination, etc.

“Customer’s Terms of Service” means a separate commercial agreement containing the terms and conditions specific to a particular Service Provider for a certain type of cargo-related service, such as airport-to-airport cargo services.

“Transaction Services” means the software services Hangar A provides for the automated processing, management, and support of cargo-related transactions through its Platform.  

If questions arise regarding the cargo-related services, the Customer should communicate directly with its authorized Service Provider (by phone, email or chat) in order to assist the Customer with the electronic booking of their cargo-related services and to retrieve timely data associated with these cargo-related services. For product-related issues, the Customer may communicate directly with Hangar A’s customer support center for assistance.

Changes to the Terms of Use

Hangar A may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when HangarA posts them to the Platform, and will apply to any access and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. Check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

You, as the user, are solely responsible for obtaining, maintaining, installing and supporting all Internet access, computer hardware, software, and any other related equipment and services needed to access and/oruse this Platform.

To access the full Platform and the resources it offers, you must first provide certain registration details via the Platform’s log-In page.It is a condition of your use of the Platform that all the information you provide on the Platform is accurate, current, and complete. You agree to provide basic information about your company and your position within the company, including but not limited to, a valid business email address, and your, and/or your company’s full legal name, as part of the registration process.

You agree that all information provided to register with the Platform is governed by Hangar A’s Privacy Policy, and consent to all actions Hangar A takes with respect to such information consistent with its Privacy Policy.  If you are interacting with the Platform on behalf of a corporation or other business entity, your user information and data may also be subject to your company’s privacy practices. Therefore, you should direct privacy inquiries to your company as well.

Hangar A has the right to disable any user name, password or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

By registering for this Platform, you consent to receive electronic communications from Hangar A or any of its authorized Service Providers for cargo-related matters, including real time alerts and notifications on cargo shipment status.

Limited License and Intellectual Property Rights

Hangar A grants to you a limited non-exclusive, non-transferable, revocable right to access and use the Platform and all Platform documentation (including online help, FAQs and other materials) and (ii) access and use any data or reports that Hangar A provides or makes available to you aspart of this Platform solely in conjunction with your use of the Platform in accordance with these Terms of Use.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hangar A, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Platform in any way, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of screen images from the Platform for your own use and not for further reproduction, publication or distribution.

You must not:

  • Reverse engineer, decompile, disassemble, extract or otherwise derive or attempt to derive the source code of the Platform or any other compiled software provided by Hangar A, except and only to the extent such activity is expressly permitted by applicable law.
  • Access the Platform or use the documentation in order to reverse engineer a similar product or competitive product.
  • Use or permit the use of, reproduce or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, rent, lease, or transfer this Platform or any portion of it, or any rights to it.
  • Delete or alter any copyright, trademark or other proprietary rights notices from this Platform or copies of materials from this Platform.

If you use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at Hangar A’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any of its content is transferred to you, and all rights not expressly granted are reserved by Hangar A. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The HangarA name, and all related names, logos, product and service names, designs and slogans are trademarks of Hangar A. You must not use such marks without the prior written permission of Hangar A. All other names, logos, product and service names, designs and slogans used on this Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from theUS or other countries).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by Hangar A, may harm Hangar A or users of the Platform or expose them to liability.
  • To upload any content or materials that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or causes damage or injury to any person or property.

Additionally, you agree not to:

  •  Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in realtime commercial activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Hangar A’s prior written consent.
  • Monitor the Platform’s availability, performance or functionality, or for any other benchmarking or competitive purposes.
  • Use any device, software or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the AWS cloud environment on which the Platform is stored, or any AWS configured server, computer or database connected to the Platform.
  • Attack the Platform via a denial-of-service, ransomware, or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform, or Hangar A’s network connectivity.

Monitoring and Enforcement

HangarA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Hangar A to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS HANGAR A AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HANGAR A OR ANY OFTHE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAWENFORCEMENT AUTHORITIES.

Reliance on Information Posted

Hangar A does not warrant the accuracy, completeness or usefulness of information presented on or through the Platform. Any reliance you place on such information is strictly at your own risk. Hangar A disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents.This Platform includes content provided by Hangar A, its authorized third-party Service Providers, and its Customers. All responses to questions and other content, other than the content provided by Hangar A, are solely the responsibility of the person or entity providing those materials. Hangar A is not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties, including, without limitation, Hangar A’s Customer.

Changes to the Platform

Occasionally there may be information included on the Platform that contains typographical errors, inaccuracies, and/or omissions.  Hangar A reserves the right to modify or amend the Platform, the Transaction Services it offers, or any application-related data Hangar A provides on the Platform from time to time with or without notice to you, except as prohibited by law.  Hangar A will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, Hangar A may restrict access to some parts of the Platform or the entire Platform, to its Customers, and other authorized users, including registered users.

Customer Content

As our Customer, you retain ownership rights to your CustomerContent. Hangar A does not disclose Customer Content, except as required for the provision of cargo-related services, when required to do so by law, or whenHangar A believes in good faith that disclosure is reasonably necessary to protect the property or rights of Hangar A, its authorized Service Providers, or the public at large.

Occasionally, Hangar A may need to view Customer Content in connection with servicing the Platform. Customer may also perform statistical analysis on aggregated and anonymized Customer Content in connection with developing or optimizing the Transaction Services offered through the Platform.  By making available any Customer Content toHangar A, including any suggestions, enhancement requests, recommendations or other feedback, you grant to Hangar A a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, copy, adapt, modify, and otherwise process Customer Content for the purposes of: (i) providing or improving the Transaction Services; (ii) improving the Platform and the TransactionServices it offers; (iii) to create anonymized aggregations and summaries of the Customer Content or portions of it; and (iv) to use, disclose, and distribute such aggregations and summaries publicly to any third party so long as any such Customer Content is anonymized and aggregated with content of HangarA’s other clients and such content is not attributable, directly or indirectly, to the Customer.

Customer’s Terms of Service

All purchases of cargo-related services through the Hangar A Platform are governed by the Customer’s Terms of Service, which is a separate commercial agreement between you and one or more of Hangar A’s authorized Service Providers.

Links from the Platform

If the Platform contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. Hangar A has no control over the contents of those third-party sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Platform is based in the State of Illinois in the United States. HangarA makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that Hangar A cannot and does not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Platform for any reconstruction of any lost data. HANGAR A WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OROTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES ORITEMS OBTAINED THROUGH THE PLATFORM, OR TO YOUR DOWNLOADING OF ANY MATERIALPOSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

USE OFTHE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HANGAR A NOR ANY PERSON ASSOCIATED WITH HANGAR A MAKES ANYWARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUTLIMITING THE FOREGOING, NEITHER HANGAR A NOR ANYONE ASSOCIATED WITH HANGAR AREPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMSOBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS PLATFORM OR THE CLOUD-CONFIGUREDSERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSOR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HANGARA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

Hangar A assumes no liability for any acts or omissions of its third-party Service Providers which may damage or delay your goods, or cause other loss to you or your interest in the goods.  Any claims for such loss, damage or delay caused by, or occurring while the goods are in the custody of such Service Providers must be made only against such Service Providers that provided the cargo-related services.  

Hangar A is not responsible for any unauthorized access to, alteration of, deletion, destruction, damage, loss or failure to store any of your data or other information that you submit or use in connection with the Platform(including as a result of your errors, acts or omissions).

IN NO EVENT WILL HANGAR A, ITS AFFILIATES OR THEIR LICENSORS, 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 PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES ORANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, 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.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Hangar A, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, any use of the Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

Any legal suit, action or proceeding arising out of, or related to, these Terms ofUse or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the County of DuPage although Hangar A retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Hangar A of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hangar A to assert aright or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

TheTerms of Use and our Privacy Policy constitute the sole and entire agreement between you and Hangar A Acquisitions LLC with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Comments and Concerns

This Platform is operated by Hangar A Acquisitions LLC.
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: customerservice@hangara.com.