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Terms of Use

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  1. What are Gogo's Terms Of Use?
  2. Use Of the Service
  3. Term And Termination
  4. Fees And Charges
  5. Proprietary Rights
  6. Acceptable Use And Conduct
  7. Privacy And Security
  8. Disclaimers
  9. Limitation On Liability
  10. Dispute Resolution/Arbitration
  11. Indemnity
  12. General

1. What are Gogo's Terms Of Use?

The Gogo Service (the “Service”) is provided by Gogo LLC (“Gogo”, “we”, or “us”). As part of the Service, Gogo provides a website portal (the “Site”) that is accessible when you first access the Service and after you log in to the Service.

This Terms of Use agreement (“Agreement”), and any other rules posted on the Site or in connection with the Service,including on gogoair.com (the“Domain”), sets forth the legally binding terms for your use of the Service. If you are an individual using the Service on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

This Agreement is a legally binding agreement between you (the individual using the Service) and Gogo (and not any airline). By proceeding to establish an Account (as defined below) or use the Service, you agree to be bound by the terms and conditions of this Agreement.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE ESTABLISHING AN ACCOUNT OR USING THE SERVICE. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE, THE DOMAIN, OR THE SERVICE OR YOUR ACCOUNT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

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2. Use Of the Service

Generally. In order to use the Service, you must either (a) create a Service account (“Account”) by registering on the Site or the Domain to become a registered user of the Service, ( a “Registered User”), (b) sign in to or use the Service as a Roaming Partner User, through an existing account with a Roaming Partner, or (c) become a Promotional User (as detailed below). A “Roaming Partner” is a company (typically a hotspot aggregator or a telecommunications company) that has an agreement with Gogo to provide the Service to its customers (“Roaming Partner Users”) under the terms of this Agreement. If you are a Roaming Partner User, you must comply with your agreement with the applicable Roaming Partner (in addition to this Agreement). From time to time, we may offer the opportunity to access the Service without creating an Account, as part of an advertised promotion (”Promotional Access”). If you gain Promotional Access to the Service, you are a ”Promotional User” under this Agreement. Registered Users, Roaming Partner Users and Promotional Users shall collectively be referred to herein as ”Users”. The right to use the Service is personal to you as the Account holder, Roaming Partner User or Promotional User and is not transferable to any other person.

Gogo Account. By creating an Account, you represent and warrant that: (a) all registration information for your Account (including, but not limited to, your payment information) that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. When you register to establish an Account, you will also be asked to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, login name, or password of another User. You agree to notify Gogo immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account.

Payment Methods. Use of the Service requires payment. Gogo currently accepts Visa, MasterCard, American Express, and Discover cards. We also accept debit cards displaying the Visa or MasterCard logo. Gogo also accepts gift cards, e-gift certificates, and promotional codes. See http://www.gogoair.com/gogo/cms/promotionpolicy.do for Gogo Promotional Code & Gift Card Usage terms and conditions for the terms governing Gogo’s gift cards, e-gift certificates, and promotional codes, which are incorporated into this Agreement by virtue of this reference.

Restrictions. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your Internet Protocol address (“IP address”) or Service connection with anyone, or authorize any other individual or entity to use the Service via your Account or through your Promotional Access. The Service may not be accessed simultaneously through multiple devices; only one compatible laptop, personal digital assistant, smartphone or other handheld device with WI-FI capability may be used at a time via your Account or Promotional Access to operate the Service. You agree that sharing the Service with another person or providing another person access to the Service through your Account or Promotional Access or any subscription product purchased by you breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP address or other address, log-in name, or password that you use in connection with the Service. We will assign you an IP address each time you access the Service, and it may vary. You shall not program any other IP address into your device. The Service is only available on certain equipped airplanes. You may use the Service only when the use of electronic devices is permitted by the applicable airline.

No Voice Applications. You will not use any type of voice application (including, without limitation, voice over Internet protocol) without written permission from Gogo. Calls when the plane is airborne are also restricted by our agreements with the airlines.

Hardware Requirements. You’ll need a compatible laptop, personal digital assistant, Smartphone or other handheld device with WI-FI capability to enable operation of the Service. It is your responsibility to make sure the device being used to connect to the Service has a WI-FI radio connection. You are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. Again, the Service may not be accessed simultaneously through multiple devices.

Additional Service. Services in addition to the basic Service may be subject to additional terms. Gogo will inform you of any such additional terms when you sign up for such additional services. Except as otherwise provided by such additional terms, any additional services will be considered part of the Service and are subject to the terms of this Agreement.

Third Party Service. The Service may allow you to access certain Internet Service and content that is provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Services”). You agree that Gogo shall bear no responsibility for such Third Party Services or your continued access to them via the Service. You are responsible for any fees for Third Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third Party Services through the Service and that your use of the Third Party Services is in compliance with the terms of use applicable to such Third Party Services.

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3. Term And Termination

This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until (a) your Account is terminated as provided herein, (b) you discontinue your use of the Service, if you are a Roaming Partner User or a Promotional User, or (c) the Promotional Access period ends, if you are a Promotional User. You may terminate your Account at any time, for any reason by (w) cancelling via the “chat with us” link; (x) calling us at 1.877.350.0038; (y) emailing customer care at customercare@gogoair.com; or (z) deleting your payment card information from ”My Account.”

Gogo reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Gogo will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information. Gogo may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.

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4. Fees And Charges

Generally. Fees paid for the Service are non-refundable. If you are Roaming Partner User, you must pay all applicable fees for the Service to the applicable Roaming Partner. If you are not a Roaming Partner User, this Section 4-applies to you. You agree to pay to Gogo all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription (e.g., one-time use, daily, monthly, annually), taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by domestic or foreign governments. Gogo reserves the right to change the fees from time to time in its sole discretion. (see Price Adjustments, below). The fees for the Service are billed to the payment card you have provided.

Billing and Payment of Charges. You hereby authorize Gogo (through its payment card processing service provider) to charge the payment card you provide in your Account. Gogo will send you a receipt to your email address listed in your Account.

Recurring Charges/ Automatic Renewal Conditions. If you choose a monthly subscription (including without limitation. Gogo Unlimited or an airline-specific Unlimited Pass), or an annual subscription (including without limitation, Gogo Unlimited or an airline-specific Unlimited Pass), you agree that your payment card will automatically be charged by Gogo (through its payment card processing service provider) each month (for a monthly subscription), or each year (for an annual subscription) at the then-current applicable subscription rate (see Price Adjustments, below), until you cancel your subscription. You may cancel your monthly or annual subscription by contacting Gogo Customer Care (via phone: 1.877.350.0038 or email: customercare@gogoair.com) at any time. If you wish to terminate your subscription and avoid a charge for the subsequent month (for a monthly subscription) or for the next year (for an annual subscription), you must do so at least two (2) days before the monthly (or annual) renewal date of your subscription. (The monthly renewal date is the same day of the month that you first subscribed; the annual renewal date is the same day of the year that you first subscribed). If you do not cancel at least two (2) days before the monthly (or annual) renewal date for your subscription, but you do cancel before your monthly (or annual) renewal date, contact Gogo for a refund. If you cancel after your monthly (or annual) renewal date, you may be charged for that month (for a monthly subscription) or for that year (for an annual subscription) and your cancellation would then be effective the following month(or year, as applicable). You may use the Service until your cancellation is effective. Gogo will not send you a monthly or annual statement. Receipts for recurring charges can be viewed and printed from ‘My Account’ at Gogoair.com. If you revoke authorization to charge your payment card, or if for any reason your payment card issuer does not submit payment, Gogo, will cancel your subscription or suspend your use of the Service.

Price Adjustments. Gogo may modify its prices at any time. If Gogo modifies its price for any monthly or annual subscription which renews automatically, Gogo will give you notice of the new prices at least thirty (30) days before the beginning of the renewal term in which the prices will be effective. If you have received such a notice and do not cancel your subscription as described in the “Recurring Charges/Automatic Renewal Conditions” section above, you agree to the new prices and authorize Gogo to charge your payment card accordingly.

 

Payment Dispute. If you believe you have been incorrectly charged, you must notify us of such disputed charges within the time provided for in your payment card agreement or you waive your right to dispute those charges. Please contact Gogo Customer Care at 1.877.350.0038 or by email at customercare@gogoair.com, so that we can review your account. Gogo may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: customercare@gogoair.com.

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5. Proprietary Rights

You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site and the Domain are owned by Gogo, or Gogo’s licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site and the Domain for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service, Site or Domain content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide the Service to any third party on a service bureau or time sharing basis or otherwise.

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6. Acceptable Use and Conduct

Acceptable Use Policy. You hereby agree to comply with Gogo’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):

  1. Harm or threaten harm to persons or property;
  2. Harass other persons;
  3. Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
  4. Engage in any fraud or misrepresentation;
  5. Provide instructional information about illegal activities;
  6. Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
  7. Infringe or violate another person’s rights, including privacy and intellectual property rights;
  8. Allow another person who has not paid for the Service to access or use the Service on his/her computer or device through your computer or device;
  9. Allow another person to access the Service using your Account or your Gogo Unlimited, airline-specific Unlimited Pass, annual or other subscription.
  10. Display offensive content on your computer or device, in view of another person;
  11. Knowingly distribute any virus or other malware;
  12. Access any network or computer (including those providing the Service) in excess of the permission expressly granted to you;
  13. Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties’ to the communications;
  14. Attempt to decrypt any encrypted or scrambled communications;
  15. Introduce software or automated agents into the Service; or
  16. Attempt to impersonate any other person, including any Gogo employees.

Breach. Gogo reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate Gogo’s’ Acceptable Use Policy or any other provision of this Agreement. Such action may include, without limitation, refusing to provide access to and use of the Service to you, terminating your Account or Promotional Access, reporting you to the applicable Roaming Partner, our other partners, or law enforcement authorities, and taking legal action against you.

Performance and Network Management. As with any mobile broadband network, speed may vary due to your device, atmospheric conditions, terrain, network capacity, and the number of users on the system at the time and aircraft location. Service is available only when it is within the operating range of the Gogo system or of an operator with which Gogo has an applicable roaming agreement. Gogo coverage locations and maps are subject to change at any time without notice. Actual Service coverage, speeds, locations, and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed.

Limitations on Service. Gogo’s goal is to ensure that every user has a great experience. Given the limited bandwidth available from and to the plane, Gogo sets limits on your use of the Service for certain applications to ensure the best performance for the most users. Gogo is primarily designed for web browsing, online shopping, email, some intranet access (including access to corporate intranets, email) through Virtual Private Networks, and very limited short-video (i.e., less than five minutes per hour) streaming.

Because of capacity limitations and the shared use of the ground-to-plane wireless network, Gogo is not well suited for in-flight file transfers or downloads of computer updates or long-form media. As a result, Gogo’s network management policies provide that video downloads from websites that primarily provide long-form content cannot be downloaded. Nor should the Service be used to download movies from peer-to-peer file sharing services, redirect television programs for viewing on personal computers, for web broadcasting, or to operate a server or telemetry devices. Customers can access short-form video downloads from websites that do not primarily provide long-form video. But even from these websites, after the first five minutes of downloads per hour, customers should anticipate that the download speed will be reduced and expect to experience buffering for the remainder of the video. Similarly, customers should expect slower speeds for commercial file sharing applications after downloading 8 MB within an hour, and for web browsing and secure applications after downloading 30 MB within an hour.

These network policies are designed to ensure that customers who download video during the flight do not disadvantage customers doing other activities on the Internet that are not so bandwidth-intensive. Gogo is committed to managing its network in a manner that does not discriminate based on a website’s content or its provider and that is source- and content-agnostic whenever reasonably possible to do so. It does employ content filtering (for adult-oriented material, for instance) at the request of certain airlines.

Content. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.

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7. Privacy and Security

Privacy. Use of the Service is also governed by our Privacy Policy at http://www.gogoair.com/gogo/cms/privacy.do, which is incorporated into this Agreement by this reference.

Security. The connection through which you purchase Gogo is an SSL-encrypted link. However, following such purchase, due to multiple users of our inflight Wi-Fi access point, Gogo does not provide an encrypted communication channel (Wired Equivalency Protection known as “WEP”) or (Wi-Fi Protected Access known as “WPA”) between our in-flight Wi-Fi access point and your computer. Gogo does support secure Virtual Private Network (VPN) access. If you have VPN, Gogo recommends that you use that channel for greater security. SSL-encrypted websites or pages, typically indicated by “https“ in the address field and a “lock“ icon, can also generally be securely accessed through the Service. You should be aware, however, that data packets from un-encrypted Wi-Fi connections can be captured by technically advanced means when they are transmitted between a user’s device and the Wi-Fi access point. You should therefore take precautions to lower your security risks. Gogo recommends that you follow good security practices, such as ensuring that file-sharing is not enabled while accessing the Internet from an un-encrypted public network and that laptops have firewall and other protection against malware. Gogo recommends that sensitive or private information not be accessed via or transmitted over an un-encrypted connection.

Acknowledgement of Filtering and Restriction of Access to Pornography or Other Offensive or Objectionable Material. You specifically acknowledge and agree that Gogo may, as a necessary incident of providing the Service, or as required or permitted by law, by law enforcement authorities or by the host airline, or as hereby expressly contemplated by this Agreement, use any advanced blocking technologies and other technical, administrative or logical means available to it, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions on use set forth in this Agreement, including, but not limited to, those activities that may subject Gogo or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable.

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8. Disclaimers

The Service is provided “As-Is” and as available. Gogo and its Service providers, partners, and affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Gogo (and each of its service providers) makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; (c) the Service will allow access to all third-party sites; (d) the Service will be any particular speed or allow any particular application or service; or (e) the results that may be obtained from the use of the Service will be accurate or reliable. Except for certain services and products specifically identified as being offered by Gogo, Gogo does not control any materials, information, products, or services on the Internet, some of which may be offensive to you. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in wireless communications and technology and use of inflight Internet access, and Gogo does not make any assurances or warranties relating to such risks. You acknowledge that Gogo is not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general.

You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Gogo shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services, and that Gogo makes no representations or warranties with respect to the Third Party Services.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

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9. Limitation On Liability

In no event shall Gogo be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if Gogo has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gogo’s liability (including, but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of Fifty US Dollars ($50) and the amounts you paid to Gogo in the twelve (12) months prior to the accrual of the claim, if any.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.

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10. Dispute Resolution/Arbitration

It is Gogo’s goal that the Site, the Domain, and the Service meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Gogo is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Gogo, you acknowledge and agree that you will first give Gogo an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: customercare@gogoair.com or mailing address: Gogo Customer Care, P.O. Box 338, Itasca, IL 60143.

You then agree to negotiate with Gogo in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Gogo’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site, the Domain,the Service or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Gogo’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Gogo and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Gogo as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Gogo agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE, THE DOMAIN, OR THE SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER CALLING 1-877-350-0038 OR BY SENDING AN EMAIL TO customercare@gogoair.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, THE DOMAIN, OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND GOGO BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Site,the Domain, the Service, or these Terms and Conditions, be instituted more than one (1) year after the cause of action arose.

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11. Indemnity

You agree to defend, hold harmless, and indemnify Gogo, its parent, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

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12. General

Customer Care. For any questions or concerns, Gogo provides customer service 24 hours a day, 7 days a week, via the “chat with us” link (click https://custhelp.gogoinflight.com), via email with customer care (email us at customercare@gogoair.com), or via telephone (call us at 1-877-350-0038).

Survival. The provisions under the following Sections will survive termination of this Agreement for any reason: Fees and Charges; Proprietary Rights; Acceptable Use and Conduct; Privacy and Security; Disclaimers; Limitation on Liability; Dispute Resolution/Arbitration; Indemnity; General.

Jurisdictional Issues / Governing Law and Venue. The Site, the Domain, and the Service are controlled and operated by Gogo from within the United States of America. Gogo makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any countries outside the United States, or that this Agreement complies with the laws of any other country. Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The United States controls the export of any software downloadable from the Service. No software or any other materials associated with the Service may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited. This Agreement shall be governed by the laws of the United States and the State of Illinois, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under the (Dispute Resolution / Arbitration) section of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chicago, Illinois, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

Assignment. All or any of Gogo’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Gogo’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Gogo, and any attempt to do so is void.

Entire Agreement; No Waiver. This Agreement (which includes the Privacy Policy and any other rules posted on the Site and the Domain) constitutes the entire agreement between you and Gogo regarding the use of the Service. Gogo’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall inure to the benefit of you, Gogo and Airline and their heirs, administrators, successors and assigns.

Disclosures. Under California Civil Code Section 1789.3, users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814 , or by telephone at 916.445.1254. Parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available – see http://www.google.com/goodtoknow/familysafety/.

Copyright/Trademark Information. Copyright ©2013 Gogo LLC. All trademarks are the property of their respective owners.

The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed on the Service (including “gogo”) are Gogo’s property or the property of other third parties. You are not permitted to use these Marks without Gogo’s prior written consent or the consent of such third party which may own the Marks.

Amendments. We reserve the right to change, modify, or amend this Agreement from time to time to reflect changes in our policies and practices. You are encouraged to review this Agreement periodically and to check the “Last Updated ”date at the bottom of this Agreement for the most recent version. Any changes, modifications, or amendments shall be effective immediately. By continuing to use the Service following the posting of changes, modifications, or amendments to this Agreement, you agree to and accept those changes, modifications, and amendments.

Notices.  Gogo may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you shall be mailed to:

Gogo; ATTN: General Counsel
1250 North Arlington Heights Rd., Suite 500
Itasca, IL 60143

Last updated May 20, 2014

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