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Website Terms of Use

Last Modified: June 2020

  1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Metropolitan Nashville Airport Authority/Nashville International Airport (“Company,” “we,” or “us”). The following terms and conditions govern your access to and use of BNAshop.com, which is operated by us (the “Website”), the hypertext links to other websites contained on the Website, and other online resources accessible via the Website.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.

Please read the Terms of Use carefully before you start to use the Website. By using the Website and by clicking “Accept” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [http://bnashop.com/policies/privacy-policy]. If you do not want to agree to these Terms of Use, you must not access or use the Website. If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.

  1. Changes to the Terms of Use

We reserve the right, at any time, to modify, alter, or update these Terms of Use from time to time in our sole discretion. Modifications shall become effective immediately on being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

  1. Disclaimer of Warranties

You expressly agree that use of the Website, including browsing, downloading, and otherwise obtaining content from the Website, is at your sole risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.

The Website and its content is provided on an “as is” and “as available” basis and “with all faults.” To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website or its content in terms of its correctness, accuracy, reliability, or otherwise.

Company shall have no liability for any interruptions, errors, computer viruses, or other harmful components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, WEBSITE CONTENT, AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE WEBSITE AND WEBSITE CONTENT. COMPANY DOES NOT WARRANT THAT ANY WEBSITE CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitations of Liability

IN NO EVENT SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY VIRUSES, WORMS, BUGS, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY USER CONTENT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law. You also specifically acknowledge that in no event shall Company’s total aggregate liability to you exceed the total amount paid by you for the particular product or services that are the subject of your claim against Company, if any.

  1. Accounts

You may have the option to create an account to participate in certain features of the Website. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website or to make purchases, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We will not be liable if for any reason all or any part of the Website is unavailable for any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

  1. Warranty and Indemnification

You warrant and represent that your use of the Website will comply with these Terms of Use.

You further warrant and represent that all content added to the Website by or at the behest of you or your agents or representatives, including, without limitation, messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, regulatory fines, judgments, awards, losses, costs expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to your User Content; or infringement by you or other user of the Website using your computer, of any intellectual property or any other right of any person or entity; or any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; or your use of any information obtained from the Website.

You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.

  1. User Content

The Website may contain interactive features that allows users to post, submit, publish, display, or transmit to other users or persons content or materials (“User Content”). By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Company is not responsible or liable for any User Content on the Website. User Content does not express the views of Company. Company does not guarantee that it will edit or delete User Content. Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Company Airport does not claim ownership of the User Content on the Website. You acknowledge that Company is not responsible for the accuracy of any User Content and that you and not Company are solely responsible for any User Content you post or upload to the Website. Company provides this Website for entertainment, commercial, informational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website.

You acknowledge that public forums offered on the Website are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.

Company may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.

The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Company the rights set forth above without obligations or liability to any party, you agree to promptly provide Company with the proper information pursuant to the procedures outlined in Company’s Intellectual Property Policy.

  1. Compliance with Laws and Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws or regulations including, without limitation, the Can-Spam Act of 2003, or other government requirements.

You shall not post, submit to, advertise, display, or transmit through the Website any material that:

  • Violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right, whether of Company or of any other person or entity;
  • Impersonates another person or entity or is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
  • Constitutes, enables, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • Contains a formula, instruction, or advice that could cause harm or injury;
  • Is a chain letter, “spam,” data mine, or “bot” of any kind, or facilitates mail abuse or unsolicited email of any type;
  • Violates these Terms of Use or Company’s Privacy Policy, including, without limitation, using e-mail addresses for any purpose other than the transaction of business on the Website;
  • Restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms of Use, Company grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Website and the selection and arrangements thereof (collectively, the “Website Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of Nashville International Airport. Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Nashville International Airport is prohibited.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you breach this Intellectual Property Rights section or any other portion of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any infringing copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the Terms of Use, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

If you encounter a Website that you believe violates these Terms of Use, please email shop@flynashville.com to report such violation.

  1. Monitoring and Enforcement; Termination

Company expressly reserves the right to terminate and/or refuse any and all service to you for violation of any of these Terms of Use, such termination or refusal to be determined in Company’s sole discretion. Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Website for any reason (as determined by Company in its sole and absolute discretion), including, without limitation, the following: (i) to correct mistakes made by Company in offering or delivering any services, (ii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of Company, its officers, directors, employees and agents, as well as Company’s affiliates, including, without limitation, instances where you or any third party has sued or threatened to sue Company with regard to the Website.

  1. Denial of Access

Company, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.

  1. Privacy Policy

Registration data, if any, and other information about you is subject to Company’s Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

  1. Restrictions on Use by Minors

If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Company.

This Website is not intended or designed to attract children under the age of 13. Company does not collect personally identifiable information from any person Company actually knows is a child under the age of

  1. Modifications and Interruption of Service

Company will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

  1. Third Parties and Third-Party Sites

The Website may include links to other sites on the Internet that are owned, operated, and/or maintained by online merchants and other third parties or advertisements by third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Company is not responsible for the content, operation or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.

Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Company is not responsible therein. If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with Company or the Website. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk. You assume sole responsibility for your use of third-party links. Company is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that Company is under no obligation to become involved. If there is such a dispute, you hereby release Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

  1. Online Purchases & Submission of Information

Although Company may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.

All purchases through our Site are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. 

  1. Dispute Resolution and Binding Arbitration

YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

  1. Other Terms

If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between Company and you in relation to the Website. Company’s failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The Privacy Policy and the Terms of Sale are binding parts of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Company and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.