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TERMS & CONDITIONS

These Terms and Conditions listed below govern use of the services, goods, and materials made available on the Denver Mainliner website. This website, including all content, information and services provided on this website, and all transactions entered into using this website are subject to the following terms of use. Before you may use this website, you must read and accept all of these Terms and Conditions. By accessing, browsing, using, or shopping on this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Please read them carefully. We may update these Terms and Conditions at any time, without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect.

1. PRIVACY 

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this information easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

1.1 The information we collect about you. This notice applies to all information collected or submitted on the Denver Mainliner website. On some pages, you can order products, make requests, and register to receive our newsletter. The types of personal information collected at these pages are:

Name
Address
E-mail Address
Phone Number
Credit/Debit Card Information
Gender

1.2 The information we collect about others. On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are:

Name
Address
Phone Number

1.3 The way we use information. We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use information you provide about someone else only to ship the product and confirm delivery. We do not share information with outside parties except to the extent necessary to complete that order. We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used from any other purpose and are not shared with outside parties. You can sign our guest book in order to receive updates on our new products and events. Information you submit on our website will not be used for this purpose unless you fill out the registration form. We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

1.4 Our commitment to data security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

1.5 Our commitment to children’s privacy. Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

1.6 How to contact us. Should you have other questions or concerns about these privacy policies, please call us at 303-780-5834 or send us an e-mail at [email protected].

2. ELECTRONIC COMMUNICATIONS  

When you visit the Denver Mainliner website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices or information on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Copyright notice. All content included in the Denver Mainliner website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Denver Mainliner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Denver Mainliner and protected by U.S. and international copyright laws. All software used on this site is the property of Denver Mainliner or its software suppliers and is protected by United States and international copyright laws.

3.2 Trademarks. The following are trademarks, registered trademarks, or trade dress of Denver Mainliner and may not be used in connection with any product or service that is not Denver Mainliner’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Denver Mainliner. All other trademarks not owned by Denver Mainliner that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Denver Mainliner.

3.3 Patents. One or more patents owned by Denver Mainliner or its service or software providers apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents. The following is a non-exhaustive list of applicable Denver Mainliner patents and applicable licensed patents:

4. LICENSE AND SITE ACCESS

4.1 Limited License. Denver Mainliner grants you a limited license to make personal, non-commercial use of this website to transaction business with Denver Mainliner.

4.2 Hyperlinking. Denver Mainliner also grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Denver Mainliner so long as the link does not portray Denver Mainliner, or any of its products or services in a false, misleading, derogatory, or otherwise offensive manner.

4.3 Restrictions on License. You may not download (other than page caching) or modify this website, or any portion of it, except with express written consent of Denver Mainliner. You may not sell or otherwise commercially exploit this website or its contents. You may not collection and use product listings, descriptions, or prices found on this web site. You may not make derivative use of this web site or its contents. You may not download or use information on this web site for the benefit of another merchant. You may not use or access this website with any data mining, robots, spider, scraper, or other automated means or similar data gathering tools. You may not reproduce, duplicate, copy, sell, visit, or otherwise exploit this website for any commercial purpose without the express written consent of Denver Mainliner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Denver Mainliner without express written consent from Denver Mainliner. You may not use any meta tags or other hidden text using Denver Mainliner’s name or trademarks without express written consent from Denver Mainliner.

4.4 Termination of License. Any unauthorized use terminates any license or permission granted by Denver Mainliner. Any violation of these Terms and Conditions terminates any license or permission granted by Denver Mainliner.

4.5 Right to Revoke. Denver Mainliner reserves the right to revoke any license or permission granted by Denver Mainliner at Denver Mainliner’s discretion.

5. YOUR ACTIONS

5.1 Your account. You are solely responsible for maintaining the confidentiality of your account, passwords, and other confidential information, and for restricting access to your computer. You agree to accept responsibility for all actions that occur under your account or password.  

5.2 Prohibited Conduct. While using Denver Mainliner sites, services, or tools, or otherwise conducting any business with Denver Mainliner, you will not: violate any laws, third party rights, or these Terms and Conditions; use this website or conduct business if you are unable to form legally binding contracts, or are under the age of 18; post false, inaccurate, misleading, defamatory, of libelous content (including personal information); distribute or post spam, unsolicited, or bulk communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Denver Mainliner, or the interests or property of Denver Mainliner or its customers or users of this website; harvest or otherwise collect information about users, including e-mail addresses, without their consent; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; seek to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website; or interfere or attempt to interfere with the proper working of the website, services, tools or activities conducted on this website.

5.3 Release for User Input. Except as otherwise limited by these Terms and Conditions, Information provided by you via electronic mail or other forms of input may be used by Denver Mainliner for any purpose without compensation or credit to you. You grant Denver Mainliner a general release to use information you provide to Denver Mainliner for any purpose.

6. PRODUCTS 

6.1 Product descriptions. Denver Mainliner attempts to be as accurate as possible. However, Denver Mainliner does not warrant that the product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by Denver Mainliner itself is not as described, your sole remedy is to return it in an unused condition.

6.2 Availability. Denver Mainliner does not guarantee the availability of any item on the website. However, we do make efforts to ensure that items on our website match our current inventory.

7. SHIPPING, REFUNDS, RETURNS, AND LOSSES 

7.1 Shipping. Orders are shipped Monday through Friday. In most cases, an order placed before 12:00a.m. noon, Mountain Standard Time, on a non-holiday weekday will be shipped the same day. In most cases, orders placed after 12:00 noon, Mountain Standard Time, on weekends, or on holidays will be shipped the next business day. Orders are shipped via Federal Express 2-Day shipping. No Saturday or Sunday delivery is available. No international shipping is available. No company mail shipping is available.

7.2 Pickup. Products ordered online may be picked up at any Denver Mainliner store location at no additional charge.

7.3 Changes, Refunds, and Returns. Once a product has been shipped, it cannot be changed, cancelled, or rescinded. Refunds or returns may be granted at the sole discretion of Denver Mainliner. With the exception of books and tickets, unused and unopened products may be returned for a full refund of the purchase price or exchanged within thirty (30) days of purchase, but only if you can provide the original receipt. Books, tickets, and used or open items may not be returned. If a returned product was purchased via credit card, credit for the return will be made to the credit card originally used for the purchase. Shipping and handling charges are not refundable unless we made an error in shipping your order. You are responsible for paying all return shipping costs. Returns or exchanges should be returned in person to a Denver Mainliner store location or sent to the address below:

Denver Mainliner Stores
Attn: Returns Department
Flight Training Center
7401 E Martin Luther King Blvd
A123
Denver, Colorado 80207

7.4 Defective Products. If you have used a product, including luggage, and believe that it is defective, you must contact the manufacturer directly to resolve that issue. Denver Mainliner accepts no responsibility for defective products, as explained below.

7.4 Risk of Loss. All items purchased from Denver Mainliner are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. 

THIS SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DENVER MAINLINER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DENVER MAINLINER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DENVER MAINLINER DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DENVER MAINLINER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DENVER MAINLINER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, AND ANY LIABILITY IMPOSED ON DENVER MAINLINER WILL NOT EXCEED THE COST OF THE ITEM PURCHASED. 

YOU WILL INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, JOINT VENTURES, HEIRS, AND ASSIGNS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF THE LAW OR THE RIGHTS OF A THIRD PARTY. 

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DENVER MAINLINER DISCLAIMS ALL LIABILITY RELATED TO ANY MATERIAL CONTAINED IN ANY OTHER WEBSITE LINKED TO OR FROM THIS WEBSITE. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. GOVERNING LAW AND JURISDICTION

9.1 Choice of law. The laws of the state of Colorado, without regard to any principles of conflict of laws or choice of laws, will govern these Terms and Conditions and any dispute of any kind that might arise between you and Denver Mainliner.

9.2 Jurisdiction. Any dispute related to these Terms and Conditions, and any dispute of any kind between you and Denver Mainliner shall be adjudicated in Arapahoe County, Colorado.

9.3. Arbitration. Any dispute related to these Terms and Conditions, and any dispute of any kind between you and Denver Mainliner shall be subject to binding arbitration.

10. SEVERABILITY

If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.