| Welcome
Welcome...and thank you for visiting the Kitty Hawk Companies’
web sites, kittyhawkcompanies.com; khcargo.com;
kha.com" (the "Sites")
and any other web site owned and operated by Kitty Hawk, Inc. We believe
that you will find the Kitty Hawk web sites informative and easy to navigate,
and we hope that you will visit regularly.
In return for gaining access to the Sites and using them, you agree to
be bound by the following Agreement without limitation or qualification,
so please carefully review this Agreement before proceeding. If you do
not intend to be legally bound by these terms and conditions, do not access
and use these Sites. We may periodically change the terms without prior
notification, so please check them from time to time as your continued
use of the site signifies your acceptance of any changed items. Kitty
Hawk, Inc. and its subsidiaries also reserve the right in its sole discretion
to deny you access to the Sites at any time. Kitty Hawk, Inc. and its
subsidiaries enters into agreements with third parties from time to time
to provide our customers with the opportunity to obtain special services,
products or prices offered by the third party. You will not be deemed
to be violating this agreement when acting in accordance with the terms
and conditions of any such program. Likewise, the terms and conditions
contained in this agreement will be considered broadened to the extent
needed to permit such third parties to operate within the terms of a written
agreement they have entered into with us. The titles in this Agreement
are provided only for your convenience and are not to be used in interpreting
the Agreement.
Copyright and Trademarks
Unless otherwise noted, all information, articles, data, images, screens,
text, user names, web pages, or other materials (collectively "Content")
appearing on the Sites are the exclusive property of Kitty Hawk, Inc.,
or its subsidiaries:
- All information, products, services and software contained
on or used in the Sites ("Content") is Copyright 2005 by Kitty
Hawk, Inc. All rights reserved. Please assume that everything you see
or read on the Sites is copyrighted to, or used with permission by Kitty
Hawk unless otherwise noted.
- The trademarks, logos, service marks, and trade dress (collectively
the "Trademarks") displayed on the Sites are registered and
unregistered Trademarks of Kitty Hawk, Inc. or others.
- Images of people, objects, or places displayed on the Sites
are either the property of, or used with the permission of Kitty Hawk,
Inc., or its subsidiaries.
- Kitty Hawk owns or uses by permission all software contained
on the Sites. Copyright and other laws and international treaty provisions
protect this software. The law expressly prohibits any modification,
redistribution, or reproduction of the software, and such actions could
result in severe civil and criminal penalties.
- You may not copy, display, distribute, download, license,
modify, publish, re-post, reproduce, reuse, sell, transmit, use to create
a derivative work, or otherwise use the content of the Sites for public
or commercial purposes. Nothing on the Site shall be construed to confer
any grant or license of any intellectual property rights, whether by
estoppel, by implication, or otherwise.
Personal use
By using any of the Kitty Hawk Sites, you represent and warrant that
you are 18 years of age or older and possess the legal right and ability
to enter into this Agreement and to use the Sites in accordance with all
of the terms and conditions of this Agreement. You accept financial responsibility
for all use of the Sites under your name or account, including without
limitation all uses of your account by others, including minors living
with you. You may allow other members of your organization or household
to use the Sites under your name or account only if you agree to pay all
charges that they incur and to be responsible for all other aspects of
their usage. You further agree to supervise all minors who use the Site
under your name or account. You agree not to assign, transfer, or sublicense
your rights pursuant to this Agreement. MINORS. Kitty Hawk asks that parents
supervise their children while online. No information should be posted
by minor children without parental consent.
Your indemnity obligation
You agree to indemnify, defend, and hold harmless Kitty Hawk, Inc. and
its subsidiaries from and against any and all claims, demands, proceedings,
suits and actions, including any related liabilities, obligations, losses,
damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements,
expenses (including legal and accountants' fees and disbursements) and
costs (collectively, "Claims"), based on, arising out of or
resulting from your use of the Sites, including without limitation any
Claims alleging facts that if true would constitute your breach of this
Agreement.
Limitations on your personal use
Kitty Hawk provides the Sites solely to permit you to determine the availability
of goods and services offered on the Sites and to make legitimate business
transactions with Kitty Hawk, Inc. and its subsidiaries, and for no other
purposes. You agree that you will use the Site's services only to make
legitimate purchases for you or for another person for whom you are authorized
to act both legally and under the terms of this Agreement.
Your account information is owned by and proprietary to Kitty Hawk, Inc.
While you may access your account information through the Sites, you may
not give access to your account to any person or entity other than a member
of your household or a person that you directly supervise as part of your
career or employment. You may not give access to your account to any other
third party.
You agree that you will not Misuse the Sites. "Misuse" includes,
but is not limited to, using the Sites to do any of the following:
- Distribute, disseminate, post, or publish any information
or material that degrades, embarrasses, harasses, humiliates, intimidates,
or threatens any individual or group of individuals on the basis of
their age, ancestry, color, ethnicity, marital status, medical condition,
mental or physical disability, national origin, race, sex, sexual orientation,
union or nonunion affiliation, or any other basis protected by federal,
state, or local law or ordinance.
- Abuse, defame, harass, stalk, threaten, or otherwise violate
others' legal rights, including but not limited to rights of privacy
and publicity.
- Download or upload files that may damage the operation of
another's computer, such as computer viruses, corrupt files, or similar
software.
- Download or upload files that contain materials, including
but not limited to software that violate the intellectual property,
privacy, or publicity rights of others unless you own, control, or have
been authorized to exercise such rights.
- Misrepresent or omit the origin or source of any file you
download or upload.
- Download or upload files that do not contain the posted proprietary
language, author attributions, and/or copyright, patent, or trademark
notices.
- Distribute, disseminate, post, or publish any indecent, infringing,
obscene, or unlawful information or material.
- Engage in any commercial purpose including but not limited
to:
- Advertising or offering to sell any goods or services.
- Conducting contests or surveys.
- Distributing chain letters, or advertising with respect to any
Ponzi scheme or pyramid scheme.
- Advertising or offering to sell any business opportunities, direct
sales opportunities, employment, independent contractor positions,
multi-level marketing opportunities, or securities.
- Post, send, or otherwise disclose confidential information,
trade secrets, or other confidential and/or protected proprietary data
of any entity or person, including but not limited to Kitty Hawk, Inc.
or any of its subsidiaries.
- Download or upload files that you know, or reasonably should
know, cannot be legally distributed through the Sites.
- Upload, download, or otherwise export or re-export software
from the Site: (1) to a national or resident of or into any country
the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq,
Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S.
Treasury Department's Specially Designated Nationals list, or (3) to
anyone on the U.S. Commerce Department's Table of Denial Orders.
- Copy or create derivative works from, display, distribute,
license, perform, publish, recreate, reproduce, sell, transfer, or transmit
any information, products, services, or software obtained by, from,
or through the Sites.
- Monitor or copy any Content by using any manual process,
or any robot, spider, or other automatic device, without first obtaining
Kitty Hawk’s prior written consent.
- Act as an agent or attorney in fact for any person who is
not:
- A member of your immediate household; or
- Your direct supervisor at your place of employment.
- Take any action that will or could impose an unreasonable
or disproportionately large load on our sites’ infrastructure.
- Engage in any other conduct that is, or that Kitty Hawk deems
to be, in conflict with this Agreement. Kitty Hawk forbids such Misuses,
and access of the Sites for any such Misuses or other similar purposes
is an unauthorized use of the Site.
No warranty by Kitty Hawk
The Content may contain inaccuracies and/or typographical errors. Kitty
Hawk, Inc. may alter, change or improve the Content at any time and without
notice. Kitty Hawk, Inc. makes no representations or warranties as to
the Content's completeness or accuracy and makes no commitment to update
the Content. Kitty Hawk, Inc. makes no representations about the Content's
suitability for any purpose.
YOU USE THESE SITES AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS
IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF
PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT
OR TITLE. IN NO EVENT SHALL KITTY HAWK, INC. OR ITS SUBSIDIARIES BE LIABLE
FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT
OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITES, IN EACH CASE
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY,
TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER KITTY
HAWK, INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Kitty Hawk, Inc. neither warrants nor represents that your use of information
and material on the Sites will not infringe upon the intellectual property
rights of third parties. Kitty Hawk, Inc. shall not be liable for any
virus or other damage to your computer equipment or other property due
to your accessing, browsing, or using the Sites or due to your downloading
any audio, data, images, materials, pictures, text or video from the Sites.
Because Kitty Hawk, Inc. provides services and products in many parts
of the world, the Sites may refer to certain goods, products, and/or services
that are not available in your area. A reference to goods, products, and/or
services without limiting their geographic scope does not imply that Kitty
Hawk, Inc. offers or intends to offer those goods, products, and/or services
in all locations.
Use of information you provide Kitty Hawk
Consistent with the Kitty Hawk, Inc. privacy policy, we ask you to provide
us with certain information order certain Kitty Hawk products and services.
You agree that when you provide such information, the information will
be accurate. Under no circumstances will you provide false or misleading
information. We agree to use this information in a manner consistent with
our privacy policy. To review our privacy policy, please click on the
"Privacy Policy" link at the bottom of any page.
For use of certain services, we may provide you with a pass code. This
pass code is proprietary to and the property of Kitty Hawk, Inc. and its
subsidiaries. However, you must take precautions to insure the security
of your pass code. Kitty Hawk, Inc. and its subsidiaries assumes no responsibility
for and will not be liable in the event that another person learns your
pass code or uses your pass code to cause damage to you.
While Kitty Hawk, Inc. takes reasonable steps to safeguard and to prevent
unauthorized access to your private information, we cannot be responsible
for the acts of those who gain unauthorized access and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access
to your private information. IN NO EVENT SHALL KITTY HAWK, INC. OR ITS
SUBSIDIARIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF,
OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR
INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT,
STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS
OF WHETHER KITTY HAWK, INC. WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT
DAMAGES WERE POSSIBLE.
No offer to sell or buy securities
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION
ABOUT KITTY HAWK, INC. OR ITS SUBSIDIARIES ON THESE SITES, YOU SHOULD
NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT
THESE SITES CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT KITTY
HAWK. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING
KITTY HAWK, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING KITTY
HAWK’S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
Links to other sites and to the Site
The Site may provide hyperlinks or references to other sites. While Kitty
Hawk, Inc. and its subsidiaries endeavors to provide links only to sites
that are reputable and safe, we take no responsibility for the information,
products, or services obtained on such other sites and will not be liable
for any damages arising from your access to such sites. Kitty Hawk, Inc.
and its subsidiaries provides any such links to other sites merely for
your convenience and our inclusion of such links and frames in the Sites
does not imply an endorsement of the linked or framed sites, their content,
or the persons or entities operating those sites. Therefore, you assume
sole responsibility for using links or pointers to third parties.
Your communication with Kitty Hawk
Kitty Hawk, Inc and it subsidiaries will not treat as confidential any
communications you send to us by electronic mail or otherwise. Kitty Hawk,
Inc. has no obligation to refrain from publishing, reproducing, or otherwise
using your communications in any way and for any purpose.
Kitty Hawk, Inc. and its subsidiaries does not accept or consider unsolicited
proposals related to its business, including but not limited to proposals
for advertising campaigns, logos, names, processes, products, promotions,
services, slogans, and technologies. Kitty Hawk therefore requests that
you not send such proposals. Please also refrain from sending original
creative artwork, blueprints, demonstratives, designs, layouts, photographs,
or samples. Kitty Hawk has adopted this policy to prevent claims that
we have copied such unsolicited ideas without authorization, when, in
fact, we developed the idea independent of or even long before receiving
the unsolicited proposal. If you do send us unsolicited proposals, then
do so with the understanding that Kitty Hawk, Inc. and its subsidiaries
may use any concepts, ideas, inventions, know-how, or techniques that
you disclose in those communications for any purpose, including the developing,
manufacturing, and/or marketing of goods, products, or services. Kitty
Hawk, Inc. may do so free of any obligation to compensate you for that
use.
On-line chats or telephone conversations with Kitty Hawk
The Sites may provide you the ability to have an on-line chat session
with a Kitty Hawk, Inc. or its representative by telephone. You may use
these functions only for business purposes related to the Sites. For quality
assurance purposes, Kitty Hawk may monitor, record, and/or transcribe
the contents of these communications. By contacting Kitty Hawk, Inc. or
any of its subsidiaries, you agree that the communication may be monitored,
recorded, and/or transcribed and you consent to the monitoring, recording,
and/or transcribing. Such records may be kept indefinitely or disposed
of at our discretion.
Governing law, and procedural restrictions
You agree that this Agreement is made and entered into in Tarrant County,
Texas. You agree that Texas law governs this Agreement's interpretation
and/or any dispute arising from your access to, dealings with, or use
of the Sites, without regard to conflicts of law principles. Any lawsuit
brought by you related to your access to, dealings with, or use of the
Sites must be brought in the state or federal courts of Tarrant County,
Texas and you hereby agree to the exclusive jurisdiction of the state
or federal courts of Tarrant County, Texas . You agree and understand
that you will not bring against Kitty Hawk, Inc. or any of its subsidiaries,
agents, directors, employees, and/or officers any class action lawsuit
related to your access to, dealings with, or use of the Sites.
Other terms
This Agreement constitutes the entire agreement governing your access
to, dealings with, and use of the Sites. Of course, separate agreements
may attach to any goods, products, or services you obtain, purchase, or
use from the Sites. In the case of a conflict between this Agreement and
any agreement specific to any goods, products, or services that you obtain,
purchase, or use from the Sites, the terms of the specific agreement shall
govern.
Any failure of Kitty Hawk, Inc. or its subsidiaries to assert any rights
it may have under this Agreement does not constitute a waiver of our right
to assert the same or any other right at any other time or against any
other person or entity. If any provision of this Agreement is found to
be invalid or unenforceable, then the invalid or unenforceable provision
will be stricken from this Agreement without affecting the validity or
enforceability of any other provision.
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