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The Terms and Conditions below are effective for all users
Last Updated on April 2, 2018
Hangar Overnight, LLC doing business as HangarIt.com
User Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.HangarIt.com and/or www.hangarit.info websites and the HangarIt mobile application (together, or individually, the "Service") operated by Hangar Overnight, LLC, a limited liability company formed under the laws of the state of Kansas, also known as HangarIt (“HangarIt”, “company”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us opting out in your user profile settings.
Fees and Payment
We charge a percentage fee of 14% with a minimum of $7.00 USD, as detailed in the website and mobile application. We reserve the right to change our fees at any time without notice prior to each booking confirmation. All fees must be paid through our third-party payment processor(s). Transaction fees paid to HangarIt are non-refundable, except in the sole discretion of HangarIt. Payments to Host (total payment by Renter minus percentage fee to HangarIt) may be refundable, at the sole discretion of HangarIt. Refunds must be administered by the Host if directed by HangarIt. Failure to comply with any refund resolution by HangarIt is grounds for member removal from the website. In the event of non-compliance by a Host, Renters acknowledge it is Renter’s responsibility to dispute payment via www.paypal.com. Your use of this service and payment through the third party constitute your understanding and agreement that we are not responsible for any issues, problems, or losses experienced due to use of their platform. Additionally, you understand and acknowledge that transactions through third-party sites are governed by such sites’ terms and conditions. Hosts can expect to be paid within five (5) business days, although payment capture is often same-day upon booking confirmation. Hosts are responsible for all applicable taxes, including but not limited to completion of Form 1099-MISC and no tax documents will be provided by HangarIt. Offline or cash payments are a violation of our Terms of Service and can result in removal from HangarIt. You'll see which payment methods are available to you on the checkout page, before you submit a booking request. Please see our Cancellation Policy below, which outlines cancellations, no-shows, and refunds, where applicable.
Booking your hangar/rental on HangarIt makes forming agreements and making or receiving payment easy. Once it is booked, we collect the total booking price via our third-party payment processor (www.PayPal.com) HangarIt’s fee is a non-refundable, transaction fee per booking for use of our platform.
If you need to cancel, please review our cancellation policies. We expect our users to honor agreements made through our platform. However, in the event that you must cancel your booking, please follow the procedure outlined below. We are not responsible for inclement weather, mechanical issues, being shut down by authorities, or any other natural or man-made impediment to your event and, as such, are not able to refund transaction fees in such circumstances, Host to Renter refunds (total payment minus HangarIt transaction fees) are bound to the policies outlined in this section
However, we know that sometimes things happen that are beyond your control. Everything from medical emergencies to simple misunderstandings can result in unfortunate cancellations. We try to be as understanding as possible of each person's situation, and in some cases, certain exceptions may be made. These exceptions are solely at HangarIt’s discretion. No previous exceptions have any bearing on future disputes.
Standardized Host Cancellation Policies
Our Hosts can choose between three different cancellation policies that will be a required part of their listing. By creating a listing with the selected policy, the Hosts are agreeing to adhere to those terms advertised on the listing at the time of booking and further agree that such selection is a binding agreement. All references to cancellation times are in relation to check-in time on the listing, as stated at the time of booking. All cancellations, including conversations regarding the status of the booking, must occur through the website.
“Strict” Cancellation Policy allows Renters no refunds after booking confirmation.
“Moderate” Cancellation Policy allows Host to issue refunds for cancellations made up to 72 hours prior to check-in time.
“Flexible” Cancellation Policy allows Host issue refunds for cancellations made up to check-in time.
Cancellation Obligations of Renters
If you are unable to honor an agreement, always let your Host know immediately by cancelling the order and sending a message through the booking thread within your user inbox. This creates a record of your cancellation notice.
If you have canceled the order/rental via appropriate means and are entitled to a refund, as outlined by the Cancellation Policy, the refund should be handled by the Host without HangarIt intervention. If the Host refuses to issue the refund, or is failing to communicate within a reasonable time, please contact HangarIt by emailing admin@HangarIt.com. HangarIt can provide assistance but may refer you to our payment processor’s dispute resolution process as outlined on its website, www.PayPal.com, if a directed refund resolution to the Host is not successful.
Cancellation Obligations of Hosts
If the booking is canceled, the hangar becomes unavailable, or the Renter no longer wishes to use your services, the Host must communicate with the Renter to ensure the order is marked canceled. Any changes after booking confirmation to the terms of the reservation by the Host (such as dates and times) will render the Host’s cancellation policy null and void; unless agreement to new booking terms is accepted by both Host and Renter. The Renter will cancel the booking through their account and, if cancellation policy allows, and the cancellation meets the terms of the policy, a refund by the Host shall be initiated by the Host within 72 hours via their account on www.PayPal.com, minus transaction fees paid to HangarIt. The refund shall be completed within 10 business days from the time the refund was requested, or refund resolution was directed by HangarIt.
If you repeatedly cancel bookings, we reserve the right to remove your profile from HangarIt indefinitely. We want to ensure a positive booking experience for all our users, so we cannot have members on our site that cannot be trusted to honor their agreements.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
The Company has the right but not the obligation to monitor and edit all Content provided by users and reserves the right to suspend and/or terminate the account of anyone found to have violated the Terms.
In addition, Content found on or through this Service are the property of HangarIt
or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
At all times when using or accessing this Service, you agree that:
a. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other members.
b. You will not post on the Site, or transmit to other members or HangarIt employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us by email if you believe any material contained in the Site does not comply with the foregoing.
c. You will use the Site in a manner consistent with any and all applicable laws and regulations.
d. You will not include in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. HangarIt reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
e. You will maintain current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.
f. You will not falsify your identity or misrepresent yourself in any way on the Site.
g. You will not “stalk” or otherwise harass any person in any way.
h. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site.
i. You will not transmit any chain letters, spam or junk email to other members or to us.
j. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
k. You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
l. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
m. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
n. You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
o. You will not post html code except where instructed in any area of your profile on this Site.
p. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
q. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
r. You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to our services or the Site in order to direct any person to any other website for any purpose.
s. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
t. You are solely responsible for your interactions with other members. HangarIt reserves the right, but has no obligation, to monitor disputes between you and other members.
u. Users are required to keep all bookings and their associated communications on the HangarIt platform. We reserve the right to terminate any member account that attempts to complete a booking outside of HangarIt, when that booking has originated from a HangarIt inquiry.
v. HangarIt has the right to temporarily suspend or permanently terminate the account of any member who posts contact information on the site in audio/video samples or messages to prospective clients; with the exception of contact information being exchanged after booking confirmation on the website user inbox for the sole purpose of successfully allowing use of the Host’s property. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers.
w. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from us related to your or another member’s compliance with these Terms.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hangar Overnight, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hangar Overnight, LLC.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by HangarIt. Additionally, HangarIt’s platform and payment processing are provided by third-parties, Sharetribe (www.sharetribe.com) and PayPal (www.paypal.com), respectively. We strongly urge our users to review terms and conditions and privacy policies of all third-party providers prior to use. Do not use this Service if you do not agree to the terms and conditions and privacy policies of our third-party partners. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HangarIt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you must delete your user account via your user profile. You may also contact admin@HangarIt.com for assistance.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Hangar Overnight, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Hangar Overnight, LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hangar Overnight, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
By using this Service, you agree that use does not guarantee rental and does not create an agent agreement with HangarIt nor any other user of the Service.
Additionally, HangarIt specifically disclaims all liability arising from the Host/Renter match and/or relationship. As a user of the service, you, whether Renter or Host, specifically acknowledge and agree that the Company is not responsible for the following:
1) User satisfaction with choice of Host;
2) Miscommunication between Renter and Host/user;
3) Host availability;
4) Renter action;
5) Quality of Host;
6) Failure of Renter or Host to adhere to local laws, ordinances, and policies;
7) Renter complaints;
8) Additionally, by using this Service, you agree that HangarIt is not liable for any act or omission of any Renter or Host, including but not limited to, dimensions of hangar, availability and/or quality of amenities, access to the location by third-parties, use or negligence of Renter or Host;
9) Host not providing adequate property insurance to cover damage/loss to Renter’s aircraft and/or property;
10) Renter not securing adequate insurance to cover damage/loss to Host property, other Renter aircraft, or neighboring properties;
11) Hosts and/or Renters ensuring that appropriate measures are taken to maintain compliance with local, state and federal laws;
12) Hosts ensuring rental of their hangar, or hangar space, is in compliance with previous agreements, HOA agreements, or organizational bylaws.
These Terms shall be governed and construed in accordance with the laws of Kansas, United States, without regard to its conflict of law provisions. Any and all lawsuits brought against the Company shall be filed in the federal or state court of competent jurisdiction in Hamilton County, Kansas.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at:
HangarIt.com is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of HangarIt.com
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
Hangar Overnight, LLC, a limited liability company organized under the Laws of the State of Kansas, operates www.HangarIt.com and the HangarIt mobile application (“HangarIt” “Service”). HangarIt takes the privacy of those visiting our website and/or using our Service (“Users” or “you”) very seriously. This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service because Users have the right to know what information we collect, how it is protected and used, and the circumstances under which it may be disclosed. This Policy describes the various ways that we collect and treat information and content provided by Users so as to enhance your use of our services while at the same time protect your privacy. Please read this Policy carefully, as your use of any HangarIt services constitutes your acceptance of and agreement to the terms and conditions of the Policy. Do not use our services if you do not agree with the terms and conditions of the Policy. This Policy does not cover information collected other than on or through the Website, including without limitation offline and on sites linked to from the Website. This Policy may be modified from time to time without advance notice. Continued use of our services by you will constitute your acceptance of any changes or revisions to the Policy.
A. Type of Information We Collect
Our services collect the following personally identifying information: name, email address, mailing address, telephone number, and verification that the user is above the age of 18 years.
Our servers may also collect information regarding your usage of our services, including without limitation the pages you visit, the browser software and operating system you use, your internet service provider, your Internet Protocol address, referring / exit pages, date / time stamp and clickstream data. Additionally, the Services utilize user-specific analytics that measure individual use of the site, including but not limited to which videos have been viewed, internal pages visited, duration of visit, and user comments.
From time to time we may invite you to submit content such as writings, video, audio, graphics, photographs, pictures, information, questions, comments, suggestions, ideas or other content (“User Generated Content”).
We may supplement the information we collect about you online with outside records from third parties to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through our services. In those cases, we will apply this Policy to any information received from third parties, unless we have disclosed otherwise.
B. How We Use The Information We Collect
Unless you have opted out of receiving promotional materials or notifications from us, we may periodically use your email address to send you such materials and notifications. If you want to stop receiving such materials and notifications from us, you can contact us at the information below to alert us to your preference. In addition, you can opt out of, or unsubscribe from, receipt of such e-mails at any time by following the instructions contained in those e-mails.
By submitting User Generated Content to us via any social media provider, you (i) disclaim any ownership under any copyright right, privacy or publicity right, attribution right or any other right over, relating to or concerning any such User Generated Content and/or Social Media Content and (ii) expressly authorize and license us to reproduce, print, publish and disseminate any such User Generated Content and/or Social Media Content on the Website or in any other media for any purpose. Such authorization and license are in perpetuity and effective in any and all jurisdictions, meaning we may forever reproduce, print and disseminate any such User Generated Content or Social Media Content on the Website or in any other media for any purpose.
We also allow access to our database by third parties that provide us with services, such as technical maintenance, but only to the extent necessary to provide those services. Your information may be provided to third parties that manage or administer certain sections or features of the Website, in which case the information may be used by us and by any such third party, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties. To the extent we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings, in those instances, the information is provided only for that purpose.
C. Additional Web Site Viewing Information
If you don’t want any cookies, your web browser likely includes an option that allows you to not accept them.
Our services may contain links to and content from other websites, and those third parties may collect website usage information and information that identifies the computer or device you are using when web pages from our Services are sent to your browser. Such linked web sites are not under our control and we are not responsible for the contents of any such linked sites, any link contained in such linked sites, or any changes or updates to such sites. Links to any third party websites are provided only as a convenience. We do not endorse any link made available through our Services that is not affiliated with HangarIt. We encourage all users of our Services to read the privacy policies of each and every website visited when linking directly from our Services.
This Policy applies only to information collected by the Website.
D. Use of our Services By Children
Our Services are not intended for use by children. No one under age 18 is allowed to provide any personal information (including e-mail addresses) or User Generated Content. If you’re worried about your children’s activities or their privacy on our site and/or mobile application, we encourage you to contact us at the contact information below.
E. Contact Information
If you have any questions about this Policy, please contact us at:
HangarIt.com service: Sharetribe Ltd
info (at) sharetribe.com
Kirjurinkuja 3 F 46 02600 Espoo
Name of the register
User register of the HangarIt.com service
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single HangarIt.com community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.