Welcome to Marmalade Skies the (Site). Any person who registers to purchase (Property) which is defined as Flight Requests, Halo Flights, Flash Seats and Empty Leg flights listed and offered on this Site must accept the terms and conditions set forth in these Conditions of Sale without change or alteration.
Our services are available only to individuals who have the power to form legally binding contracts under applicable law. Without limiting the generality of the foregoing, our services are not available to minors under the age of 18. If you do not qualify, please do not use this Site.
This Agreement governs the terms on which all Property is offered and sold on this Site and governs the terms on which a request is made to purchase and creates a legal contract between each person registered to purchase any property offered on the Site (a "Buyer" or "you") and each ("Seller") offering property for sale on the Site on whose property Buyers may make an offer to purchase, whether successfully or unsuccessfully and between each Buyer and Seller and Marmalade Skies ("Marmalade Skies"). When any affiliate of Marmalade Skies offers property for sale on the Site, it will abide by the same terms and conditions as any other Seller, including the terms and conditions of this Agreement.
Marmalade Skies may change the terms and conditions set forth in this Agreement in the future. Any changes to the Conditions of Sale and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on the Site. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED USE OF THE SITE FOLLOWING THE SITE PROVIDER'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
THESE CONDITIONS OF SALE ARE PRESENTED IN THREE SECTIONS:
A. Universal Charter Services Agreement
B. General Terms Conditions - Operation of Site and Taxes
C. Certain Provisions Relating to Buyers and Sellers
A. UNIVERSAL CHARTER SERVICES AGREEMENT.
Not less than seventy-two (72) hours prior to departure you shall submit a check, cash, wire transfer or credit card as advance deposit in the total amount of the lot being purchased on the site. Failure to provide such advance deposit as described above will constitute your cancelation of the flight subject to cancelation and penalty fees described below.
Marmalade Skies' member operator failure to perform to the the contracted flight may result in the refund of the advance despot, or if multiple flights were contracted, a refined of the pro-rata share thereof, based on the segments or portion of the flight segments completed.
All prices presented on the site reflect a discount for payment by cash, check, or wire transfer. Payments made using an alternate form will be subject to an additional administration fee of 5% of the total amount of the lot invoiced.
Any additional expenses incurred during the trip. (including but not limited to: catering, deicing, hanger, flight phone, internet use, aircraft damage, delays and reroutes caused by weather or air traffic including diversions to alternate airport caused by weather or airport closures will be invoiced to you following the completion of the contracted flight(s) with full payment due within 10 days. If payment is not received within 10 days Marmalade Skies will process your credit card on file with the Site as payment, without further notice or request.
In the event that the account becomes delinquent the authorized signer and the card holder in addition to the named entity shall be jointly and individually responsible for the full amount including all costs and fees accosted with the collection process, including reasonable attorney fees, travel expenses and all associated court costs.
One-Way and Empty Leg flights may not be canceled without incurring a fee equal to 100% of the full invoiced amount for the lot listed on the site, plus any expenses incurred. This includes multi-leg and multi one-way flights and those flights for which minimum daily usage charges have not been incurred.
Round trip flights may not be canceled after planned departure time and are subject to the following charges if canceled:
72 Hour Notice - You will be charged for all direct and third party expenses incurred, plus a minimum charges of 2 hours flight time.
Within 72 - 24 Hour Notice - You will be charged for all direct and third party expenses incurred, plus a minimum charges of 50% of the invoiced amount of the listed lot.
Less than 12 Hour Notice - You will be charged for all direct and third party expenses incurred, plus a minimum charges of 100% of the invoiced amount of the listed lot.
All Holiday flight cancelations (from three days prior to US national holidays and through three days after US national holidays) are subject to an immediate 100% cancelation charge.
All special sporting event cancelations are subject to an immediate 100% cancelation charge.
Marmalade Skies will make every effort to accommodate your requested itinerary changes. However, please be aware that Marmalade Skies may not be able to accommodate all such requests and or additional fees may be incurred depending on the extent of those changes. Aircraft are not guaranteed to remain continuously available for Marmalade Skies' member use or access while at the destination airport or during layover periods. Only requested occupied flight legs are available to you as a Marmalade Skies member.
Passenger and Cargo Documentation.
All adult passengers must present valid photo identification on the date of travel. Passengers are required to present all required identification and documentation for international travel at least 72 hours prior to the scheduled departure time. This information includes legal names, passports including issuance information, visas, medical verifications and other related documents for all passengers. All information must be presented in a complete, legible and accurate format. Cancelations, fines, penalties or related expenses associated with any incomplete, improper or inaccurate information, or delay, denial of travel or entry by a governmental authority will be your sole responsibility. Passengers are responsible for obtaining all the information regarding the requirements for the entry into and the exit form the respective origination and destination states and countries and any requirements pertaining to the transportation of minors.
Passengers are responsible for knowing the restrictions for carrying dangerous or prohibited goods by air which can be found at www.tsa.gov. All possessions, baggage and cargo presented for carriage abroad the aircraft are subject to search by the air carrier and applicable authorities. You are solely responsible for any delays, fines, penalties, confiscation or impoundment, including aircraft down time which is caused directly or indirectly by you or your guests and for any documented or undocumented contents, cargo or possessions carried by you or your guests. Passenger supplied therapeutic or medical oxygen is not allowed and any passenger handling or special medical assistance requests or needs must be provided to Marmalade Skies in advance and is subject to approval.
Smoking, Pets or Damage to Aircraft.
Smoking and Pets are prohibited unless expressly approved in advance by Marmalade Skies. You are responsible for any and all soiling and/or damage caused by any guest or pet, including cleaning, and if deemed necessary repair. Pets may be required to remain within a kennel while on abroad the aircraft.
Partial Completion of Flights.
Marmalade Skies is not liable for expenses incurred for replacement of transportation in the case of mechanicals (in such cases Operator charges apply only on portions of flight completed). If a flight does not reach it's destination due to weather, charges apply to any destination reached and return flight of the aircraft and crew (with or without passengers) to home base. In the case of mechanicals, Marmalade Skies may at its option help facilitate substitute transportation that shall be charged as an additional fee to you. In such cases, original charges incurred for the lot will apply only on portion(s) of the flight(s) that have been completed.
Marmalade Skies shall not be liable for any injury, damage, loss, expense, indirect, special or consequential damages, or other irregularity caused by the defect of any vehicle or conveyance, or the negligence of any company or person engaged in conveying the passenger or carrying out the arrangements for your trip, or by accident, delay, flight, schedule change, cancelation, sickness, weather, strikes, war, quarantine or any similar cause. Our liability shall in any case be limited to the amount paid to us, and any claim shall be adjudicated in and governed by the law(s) of the State of Connecticut and the County of Fairfield.
B. GENERAL TERMS AND CONDITIONS - OPERATION OF SITE AND TAXES.
The Site provides a venue for Buyers to list their charter Flight Requests on the Site and for willing Sellers to reverse bid for the business and for Buyers to purchase property.
The Site provides a venue for private jet owners to offer meet and greet experiences on board their private jets to benefit their favorite charities and for willing buyers to bid for the chance to make a donation to a desiganted charity and to be a guest of the owner on the participating flight.
The Site provides a venue for Sellers to offer seats on qualified flights also know as "Flash Seats" (Property) on a buy-now basis to willing Buyers and for Buyers to purchase property.
Empty Leg Flights.
The Site provides a venue for Sellers to offer Empty Leg charter flights (Property) to willing Buyers at the highest bid and for Buyers to purchase property.
OPERATION OF THE SITE.
Marmalade Skies is responsible for the operation of the Site and operates on behalf of its registered members and serves as their auction agent. It does not own or operate aircraft. All charter flights are operated by FAA Certified Part-135 operators and Part-121 carriers. Marmalade Skies has no involvement in any transaction entered into on or through the Site, except as a service to the Buyer and Seller. Marmalade Skies will process the billing of the Total Purchase Price and remit the sale proceeds less our listing fees to the benefit of the Seller's account. By bidding on any lot, Buyer has agreed to purchase the lot at the price, he/she has bid. By choosing the accept button and agreeing to this User Agreement, you agree that should you bid on a lot and should you be the winning bidder, that you are bound to pay the winning bid amount for the lot.
APPLICABLE TRANSACTION TAX.
Unless exempt by law, the successful Buyer may be required to pay sales or use tax, or other applicable transactional tax such as Federal Excise Tax (FET).
The "Total Purchase Price" is Defined as:
The successful bid or purchase price for the lot, plus FET tax and or any other taxes Marmalade Skies is required to collect pursuant to applicable law.
Administration fees when applicable.
Marmalade Skies is not responsible for estimates, descriptions and all other matters relating to the offer and sale of any lot or listing on the Site. Property information is collected from the Seller and is accurate to the best ability at the time of publication.
Marmalade Skies reserves the right to review and to change the "User Name" of any person registering to participate in any auction on this Site, at any time and for any reason upon e-mail notice to such person.
LIMITATIONS OF GUARANTEES.
All Property offered on this Site is sold subject only to the specific guarantee by the Seller as set forth below. The Site Marmalade Skies makes no representation or warrantee whatsoever whether oral or written, express or implied, including without limitation to the buyer's personal safety, aircraft maintenance, aircraft certification, pilot certification, aircraft departure time, aircraft arrival time, aircraft mechanical delays, aircraft weather delays, and flight cancelations.
PROPERTY ON THE SITE SOLD "AS IS".
No other statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Only statements in Site sections captioned 'FLIGHT AUCTION' and 'FLASH SEAT SALE' are guaranteed by the Seller. No guarantee is made by the Seller with respect to information appearing in other sections and any information in additional detail about the lot, and a sale is not subject to rescission in the event that any of this non-guaranteed information proves to be inaccurate. If it is determined to the Seller's reasonable satisfaction that the description of a Lot is not substantially correct based upon a fair reading of the description of the item taken as a whole, Seller is obligated to rescind the sale in accordance with subsections (iii) and (iv) below.
t is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
REFUSAL OF TRANSACTION.
The Site Marmalade Skies reserves the right to withdraw any property before the end of the listing period, halt any listing during its progress, and/or remove, screen or edit any materials or content on the Site. The Site Marmalade Skies may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither Marmalade Skies nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of Marmalade Skies' withdrawal of any property prior to the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason, including Marmalade Skies decision to refuse to process the transaction, Marmalade Skies shall have the right to sell the property to the next highest bidder. In the event of similar bids, the earliest bidder at that level will be the successful Buyer. In all cases, Site Marmalade Skies' determination of the successful Buyer will be final.
The Site Marmalade Skies has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Marmalade Skies may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including listings and bids). The Site Marmalade Skies may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Site, and take such action as Marmalade Skies deems appropriate, including without limitation, contacting the individual using such card, canceling bids or an offer to purchase placed by such user, and/or deactivating a Buyer's account.
ELIGIBILITY TO USE SITE.
Use of the Site is limited to parties that lawfully can enter into and form contracts and buy and sell on the Site under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online auctions are prohibited are not allowed to participate in auctions either as Buyers or Sellers on the Site. Status as a minor is usually determined by your state law, but in no event shall a person under 18 years of age use this site.
To register, you must provide your real name, phone number, email address, credit card details and other requested information. Owners of property being sold on the Site are not permitted to bid on or offer to buy their own property, nor to instruct, authorize or permit any other person to bid for or purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way.
The Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Marmalade Skies, whose applications are acceptable to Marmalade Skies, and who have authorized Marmalade Skies to process a charge or charges on their credit card in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Marmalade Skies works diligently in order to be a green company and wants to communicate as much as possible with Buyers and Sellers via email as a matter of conservation. As such, any and all communications with Buyers and Sellers, including but not necessarily limited to, flight confirmations, itineraries, receipts, and other correspondence shall be delivered via email.
By using the Site, you agree to receive any and all correspondence from Marmalade Skies via email. You further agree to review your email for communications from Marmalade Skies requiring your attention, response, or otherwise. You also agree to add Marmalade Skies to your safe-user list in order that you will be able to receive emails from Marmalade Skies, if necessary.
NO ENDORSEMENT OF LINKS TO OTHER WEBSITES.
Any links to other websites are provided as merely a convenience to you. This Site may provide links or references to other websites but Marmalade Skies has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Marmalade Skies, we do not operate, control or endorse any information, products or services on the Internet in any way. Marmalade Skies does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
SPECIAL NOTICE - CHARGE BACKS AND REFUNDS FOR EMPTY LEG LOTS.
Once an individual places a bid on any Empty Leg lot, Buyer has agreed to purchase the lot at the price, he/she has bid. By choosing the accept button and agreeing to this User Agreement, you agree that should you bid on a lot and should you be the winning bidder, that you are bound to pay the winning bid amount for the lot.
The buyer is entitled to a refund only if the lot he/she has bid has been canceled and the Empty Leg flight does not take place. All other Refunds will be at the discretion of Seller.
CONFLICT WITH OTHER AGREEMENTS.
These Terms are in addition to, and do not nullify, any other agreement between Marmalade Skies and the Buyer, Seller, or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement, the provisions of such other agreement shall control but only to extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site.
COMPLIANCE WITH LAWS.
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and any transactions conducted on or through the Site.
PLACE OF CONTRACT; DISPUTES.
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the listed asking price or submitted the highest valid bid, received and accepted by Marmalade Skies, will be the Buyer.
THE SITE PROVIDER IS LOCATED IN CONNECTICUT; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN CONNECTICUT, U.S.A.
Buyer and Seller each waive the right to bring a claim in any court located outside Connecticut, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder. The Site Marmalade Skies reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers, the first bid or offer received by Marmalade Skies will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any bid or offer, Marmalade Skies will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises after the sale, Marmalade Skies' determination is conclusive. Please note that Marmalade Skies is not responsible for errors or omissions in connection with the transmission of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you may incur in connection with participating in a sale.
Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you must change your password.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Site. Fraudulent conduct is a violation of Federal and State laws and may be reported to law enforcement authorities. The Site Marmalade Skies will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
REMEDIES FOR BUYER'S FAILURE.
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good funds within three days after the Buyer Statement has been sent to the Buyer, in addition to other remedies available to Marmalade Skies or the Seller by law, including without limitation the right to hold the Buyer liable for the Total Purchase Price, Marmalade Skies or the Seller may, at its option, cancel the sale and re-offer the lot on the Site or sell it to a lower bidder or sell it privately. In addition, Marmalade Skies or the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges and any legal fees and expenses. Further, Marmalade Skies, at its sole discretion, may deactivate a Buyer's account for failure to pay the Total Purchase Price or for improper bidding or other breaches of the Agreement.
GOVERNING LAW - LANGUAGE.
THESE CONDITIONS OF SALE AS WELL AS THE BUYER'S, THE SITE PROVIDER'S AND THE SELLER'S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT. BY ACCESSING OR USING THE SITE, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF CONNECTICUT WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS.
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the State of Connecticut. English shall be the language of this Site, and all transactions occurring in connection with this Site, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in languages other than English.
The Site Marmalade Skies is committed to protecting your privacy. The Privacy Notice may be changed by Marmalade Skies in the future. You should check the Privacy and Security Policy frequently for changes. Notwithstanding any provision of the Privacy and Security Policy, however, please note that: (a) Marmalade Skies may share with its affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Site, and any other information it may obtain or possess regarding any user of the Site (b) Marmalade Skies reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties (c) In order to cooperate with governmental requests, to protect Marmalade Skies' systems and customers and/or to ensure the integrity and operation of Marmalade Skies' business and systems, Marmalade Skies may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. By registering to sell or buy on the Site, you specifically authorize Marmalade Skies to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful Buyer. Unless otherwise authorized or consented to by Marmalade Skies, you agree not to use any information regarding other participants that is accessible from the Site or disclosed to you by Marmalade Skies, except to enter into and complete transactions on and through the Site. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment,invasion of privacy or otherwise objectionable conduct.
DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SITE PROVIDER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
i) The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
ii) That the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error.
iii) Any implied warranty arising from course of dealing or usage of trade.
iv) Any obligation, liability, right, claim or remedy in tort, whether of not arising from the negligence of Marmalade Skies. To the full extent permissible under applicable law, Marmalade Skies disclaims any and all such warranties.
WAIVER OF CLAIMS.
Because Marmalade Skies is not responsible for the guarantees provided by a Seller or the descriptions of lots provided by a Seller, if a dispute arises between one or more participants regarding a lot or its description, you release Marmalade Skies and its affiliates (and each of their directors, officers, agents and employees) from any claims, demands and damages (whether direct, indirect, incidental, punitive or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE PROVIDER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE. THE SITE PROVIDER SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON TV DISPLAY OR WEBSITE; THE SITE PROVIDER'S COMPUTER LOG SHALL CONSTITUTE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOG SHALL BE FINAL.
Marmalade Skies grants a limited license to each user of this Site to make personal use only of the Site for bidding on and purchasing, and for offering and selling, property on the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a potential purchase.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Marmalade Skies, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Marmalade Skies, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Marmalade Skies and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Marmalade Skies or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
NOTICE OF INTELLECTUAL PROPERTY RIGHTS.
Marmalade Skies and all auctions logo's are registered trademarks of Marmalade Skies. All graphics, logos and service names are trademarks of Marmalade Skies. These trademarks may not be used in connection with any product or service that is not Marmalade Skies' in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Marmalade Skies or any participants in any of its auctions. Termination Site Marmalade Skies may limit this license and any specific or general use of this Site at its sole discretion. The Site Marmalade Skies, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Site without notice for any reason.
To be effective, notices to Marmalade Skies relating to this Agreement, the Site or any transaction conducted on or through the Site must be given in writing and must be sent to the intended recipient by registered letter, receipted commercial courier, or electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the following address: email@example.com.
NO AGENCY - THIRD PARTY BENEFICIARY.
The Site Marmalade Skies is not the agent, fiduciary, trustee, partner or other representative of any Buyer or Seller. Nothing expressed or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Marmalade Skies and relying Buyers or Sellers.
SEVERABILITY - NON-WAIVER.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. The Site Marmalade Skies' failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Marmalade Skies' right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Marmalade Skies must be made in writing and signed by an authorized representative of Marmalade Skies specifically referencing this Agreement and the provision to be waived.
C. CERTAIN PROVISIONS RELATING TO BUYERS BINDING CONTRACT
By placing a bid on or offering to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful Buyer. Once you place a bid or offer, you may not cancel it. Each successful bid or offer creates a binding obligation on you, as Buyer, enforceable by each of Marmalade Skies and the Seller, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Site, Marmalade Skies will complete a buyer statement, and also process and report if necessary the following:
a) Sales tax, use tax, or other taxes applicable to the transaction in the United States.
b) Specifically authorizes Marmalade Skies process and charge such Buyer's credit card up to the amount required to finalize any transaction in accordance with this Agreement.
c) Specifically acknowledges that if Marmalade Skies is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such Buyer is a party, Marmalade Skies reserves the right to turn such matters over to collection agencies.
Upon completion of a sale on the Site, you will be notified by email if you are the successful Buyer for the lot. Upon determination by Marmalade Skies that you are the successful Buyer for a lot, you will be liable to pay immediately the Total Purchase Price for such lot.
All registered users are required to provide Marmalade Skies with their credit card details at the time of registration, and to authorize Marmalade Skies to obtain an authorization and bill their credit card on file with the Site in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
PLEASE NOTE THAT BY ACCEPTING THESE CONDITIONS OF SALE, YOU ARE AGREEING THAT ALL TRANSACTIONS CONDUCTED ON THIS SITE WILL BE SUBJECT TO THE LAWS OF THE STATE OF CONNECTICUT, U.S.A., AND CONSENTING TO EXCLUSIVE JURISDICTION IN THE COURTS OF THE STATE OF CONNECTICUT, U.S.A. OR FEDERAL COURTS IN CONNECTICUT, U.S.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
This Agreement takes effect when you click the check box presented. The person accepting this Agreement represents to Marmalade Skies that he or she is lawfully able to enter into contracts (e.g., he or she is not a minor) and that he or she has legal authority to bind Operator to the terms of this Agreement. By clicking the check box presented with these terms, User accepts the terms of this Agreement. If User does not agree to the terms of this Agreement, do not click the check box and do not use the Marmalade Skies Site.