Please read our Privacy Policy and these Terms of Use carefully. By using our services you agree to these terms.
Updated: July 13, 2019
The services that Crewchief Systems®, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Company,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Use”), which govern your access to and/or use of the mobile application, cloud platform, website, content, products, services and any sites Company may have now and/or in the future and Company’s platform for aircraft intelligence, management and operations (collectively, the “Services”). If you are entering into this Terms of Use on behalf of a company, organization or other legal entity, “you” or “your” shall refer to such entity.
In order to use the Services, you must accept this Terms of Use and the Company’s Privacy Policy (link below), which are presented to you when you first create an account through the Services, and may be updated from time to time thereafter by Company in its sole and absolute discretion as described herein. By registering and/or using the Services in any manner, you signify your agreement with this Terms of Use, and are entering into a legally binding agreement with Company. Please read this Terms of Use carefully. If you do not accept this Terms of Use, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized. This Terms of Use expressly supersedes prior agreements and/or arrangements between you and the Company.
PRIVACY POLICY
You also agree to Company’s privacy policy, located at https://www.crewchiefsystems.com/privacy-policy (“Privacy Policy”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms of Use.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
Subject to the terms and conditions set forth herein, Company may, at any time, for any reason, in its sole and absolute discretion, make changes to the Services and/or modify this Terms of Use. If Company makes changes and/or modifications that affect your access to and/or use of the Services, Company will provide a notice of such changes only by posting the updated Terms of Use on the Services and Company will change the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Use regularly to ensure that you stay informed of any changes.
DESCRIPTION OF SERVICES
General. Company provides a mobile and cloud platform for aircraft intelligence, management, and operations. The Services help aircraft owners track important maintenance information about the aircraft and learn more information about applicable airworthiness directives and service bulletins. You will be required to provide certain information into the Services, such as the pilot certification number, the aircraft make, model and serial number, aircraft maintenance service history, flights logged and fuel and oil usage. The majority of all interactions will be handled through the mobile application, and the website will be used for initial set-up, minor customer interactions, profile information, billing, and/or other account data management. You acknowledge and agree that (i) the information provided on the Services do not correlate with the safety and/or reliability of the aircraft, (ii) only an inspection authorization provided by a certified ‘FAA IA” mechanic can certify an aircraft has complied with necessary airworthiness directives, maintenance requirements, and is safe for flight; (iii) it is the aircraft’s pilot that shall make the final determination as to whether the aircraft is airworthy, safe, and lawful to fly; and Company shall have no liability related thereto.
If Company does not see history of compliance with required airworthiness directives or service bulletins as it relates to a particular aircraft, we will render that item as “overdue” on the Services dashboard. You may change the foregoing information by submitting a signed maintenance sticker from an ‘FAA’ certified mechanic indicating that the required work has in fact been performed.
SCOPE OF USE
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least thirteen (13) years of age, provided that if you are under eighteen (18) years of age, your use of the Services is subject to requirements of parental consent. If you are under age thirteen (13), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at [email protected] if you think a child has provided us personal information.
Use of Services and Availability. Use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is inaccurate, offensive, indecent, or objectionable. Company retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your User Account due to circumstances both within our control (e.g., routine maintenance) and outside of Company’s control, for which Company will bear no responsibility. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Creating an Account. You may establish an account through the Services. Without creating an account, you will be able to browse the corporate website, which merely features information about the Services and related materials, but you will not be able to use and/or access the Services. In order to fully access and/or use the Services, you must register and create an account by selecting a login identification (“Username”) and a unique user password ("Password") (collectively, a "User Account"). Your User Account requires you to (i) agree to and abide by all applicable laws, rules, and regulations, as well as indicate agreement to this Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by Company in its sole and absolute discretion. If you establish a User Account with Company, you agree to provide true, accurate and current information in connection with your User Account. You are responsible for updating and correcting information you have submitted to create and/or maintain your User Account. You may only create and hold one (1) User Account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by Company in its sole and absolute discretion. Any Username and Password used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your User Account. You understand and agree that Company shall have no responsibility for any incident arising out of, or related to, your account settings. Company will assume that anyone using the Services and/or transacting through your User Account is you. Therefore, you further agree to immediately notify Company of any unauthorized use of your Username, Password and/or User Account and/or any other breach of security.
The User Account is linked to an aircraft, and you will have the ability to designate certain authorized users under the User Account. The User Account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person, except as expressly set forth herein. If you violate any of these limitations and/or this Terms of Use, we may terminate your User Account immediately. Upon termination, the provisions of this Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability, and indemnities) shall survive such termination. If we terminate your User Account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access and/or use of the Services, or in connection with your User Account, your account will be terminated immediately and we reserve the right to: (i) hold you liable for any and all damages that we suffer, (ii) pursue legal action through relevant local and national law enforcement authorities, and/or (iii) notify your Internet Service Provider of any fraudulent activity we associate with you and/or your access to and/or your use of the Services. You acknowledge and agree that your use of and/or access to the Services is non-transferable except in the event of a sale of the aircraft in which case the User Account can be transferred to the new aircraft owner by contacting Company in writing with such request. Company shall thereafter provide assistance to transfer the User Account to the new aircraft owner within a commercially reasonable amount of time following the written request.
Communications from Company. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to and/or use of the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. Company grants you the rights set forth herein, subject to the following conditions:
You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
You agree not to submit and/or transmit any emails, User Content (defined in the User Content Section below), or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
You may not access all or any part of the Services in order to build a product or service which competes with the Services;
You shall not copy, store, reproduce, duplicate, transmit or distribute a significant portion of the content on the Services;
You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
You are only authorized to view, use, copy for your records and download small portions of the content on the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact.
You are responsible for the accuracy and quality of the data and content that you submit;
You agree to act in accordance with all applicable laws, rules and regulations.
You represent that you have the necessary permissions to use and authorize the use of User Content as described herein;
You shall not submit User Content (defined below), in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, discriminatory, harassing, racially, ethnically, hateful and/or otherwise objectionable;
You shall not imply that User Content is in any way sponsored or endorsed by Company;
You agree not to intentionally hold Company and/or our employees and/or directors up to public scorn, ridicule or defamation;
You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify Company promptly of any such unauthorized access and/or use;
You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; and
You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information.
Company shall not be subject to any obligations of confidentiality regarding any information or materials submitted online except as required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Company is strictly prohibited.
USE OUTSIDE DEFINED AREA
Please be aware that our Services are directed to those individuals and entities located in the United States, and are subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Services and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the Services. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Terms of Use is written in English. To the extent any translated version of this Terms of Use conflicts with the English version, the English version controls. In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals’ you will not engage in commercial activities on the Services (such as advertising or payments); and/or (iii) you will not use the Services if you are prohibited from receiving products, services or software originating from the United States.
PAYMENT/PURCHASE AND FEES
General. By setting up a User Account and using the Services, you agree to pay Company all fees in accordance with the user’s plan selection and/or order. Notwithstanding the foregoing, Company may vary its pricing and/or offer promotions from time to time, in Company’s sole and absolute discretion, and the foregoing may vary the pricing and the related terms will be stated on the Services and/or with the applicable promotion. You are responsible for all fees, including, without limitation, taxes associated with your use of the Services. You shall pay all fees due hereunder via a valid credit card or ACH payment, and all fees shall be payable in U.S. dollars within the United States. By agreeing to this Terms of Use, you hereby give Company, and/or any third payment processors used by Company, permission to charge the credit card, bank account, or other approved method of payment associated with your User Account for fees associated with use of the Services. All fees due and payable by you to Company under this Terms of Use must be paid in full without any deduction, set-off, counterclaim or withholding of any kind, unless required by law.
Payment Processing. Recurly is a third party management platform that Company uses as a payment processor (“Recurly”). Company utilizes Recurly to execute online payment transactions related to the Services and/or your User Account. By using the Services and agreeing to this Terms of Use, you also agree to be bound by Recurly’s terms of service/use. Any authorization you provide to make automatic payments using the Services will remain in effect until cancelled. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Services and/or on Recurly. You acknowledge and agree that you will be liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of any third-party provider agreements and further agree to reimburse Company for any and all such fines, chargebacks, refunds and other expenses incurred related thereto.
You authorize Company to keep your payment card information on file and to charge the card on file for outstanding charges. If your card on file with us is closed or the account number is changed, or if, for any reason, a charge is rejected by your card issuer, you must update your card information or supply a new card number, as appropriate, in your User Account. If you are unable to update your User Account with appropriate information, then Company will send an invoice to your email address on file detailing the amount due. You must pay the amount due in full within ten (10) days from the date of the invoice, or your User Account will be considered past due and Company may suspend and/or terminate your User Account, and/or any Services provided, without liability and may seek all available remedies at law and in equity.
Refunds. All fees are nonrefundable unless otherwise agreed to by Company in its sole and absolute discretion. You acknowledge and agree that we will charge your designated payment method for fees upon your initial account set-up and/or order from Company. Therefore, and in consideration of the Services provided by Company, you agree that once Recurly charges your designated payment method for the fees as provided in this Terms of Use and on the Services, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to this Terms of Use. By accepting this Terms of Use, you agree that you will remain liable for all fines, chargebacks, refunds and other expenses incurred in connection with your User Account.
No-Charge Software. We may offer certain Services (including some apps) to you at no charge, including free accounts, and/or trial use versions (collectively, “No-Charge Software”). Your use of No-Charge Software is subject to any additional terms that we may specify and is only permitted during the applicable term we designate. We may terminate your right to use No-Charge Software at any time and for any reason in our sole discretion, without liability to you.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, stories, descriptions, services and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event, stories, content and/or promotion at any time without notice and without liability.
PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to Company, our affiliates, and/or other content providers. By using the Services and accepting this Terms of Use, Company grants you a limited, personal, nontransferable (except as set forth herein), nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Use and to any additional terms and policies set forth by Company. Neither this Terms of Use nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for the limited license granted above; and (ii) to use or reference in any manner Company’s names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Company and/or its third-party providers reserve all right, title and interest in and to the Services, content and data generated and/or aggregated related thereto, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Right to Access and Use. Company hereby grants to you a right to access and use the Services in accordance with the Terms of Use.
User Content. Please carefully choose the information that you post on, through and/or in connection with the Services. Upon registering, users are able to designate which specific other users will be allowed to have access to the data and/or User Content (defined below) that the user provides through the Services. You acknowledge and agree that you have no expectation of privacy with regard to any information, content, advice, stories, discussions, images, photographs, video, audio, sounds, descriptions, comments, reviews, responses, posts, messages and/or any other material (“User Content”) submitted or transmitted through communication facilities that may be offered on, through and/or in connection with the Services from time to time. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms of Use. You hereby grant Company a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose, including after termination of your User Account. You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Use. You shall not imply that User Content is in any way sponsored and/or endorsed by Company.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to the Services (“Feedback”), then you will own this material; however, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. Company has no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
SPAMMING
Gathering email addresses from Company through harvesting or automated means is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Company’s express written consent).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services.
USER DISPUTES
You are solely responsible for interactions with other users. Company reserves the right, but generally does not, and has no obligation in any way, to monitor, pre-screen and/or edit any User Content posted by users of the Services, and/or monitor disputes between users of the Services. Company reserves the right, but is not obligated, to do any or all of the following:
Record the dialogue in public chat rooms.
Examine an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove any communications or User Content that, in its sole discretion, is abusive, illegal, harmful, offensive, objectionable, inaccurate and/or disruptive, and/or that otherwise fails to comply with this Terms of Use.
Terminate a user’s access to any or all Public Areas and/or the Company’s Services upon any breach of this Terms of Use.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Company Services, regardless of whether such communication(s) violate these standards.
Company reserves the right to take any action it deems necessary to protect the personal safety of our guests and/or the public. Company has no liability or responsibility to users of the Services and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
USER SAFETY
We encourage safe communication and interaction through our Services. However, we advise you that the Services are intended to be a platform for users to interact with other professionals in the aircraft industry, but it is still open to the public and you should exercise your best judgment when posting personal information on the Internet.
USER VERIFICATION
Company may, in its sole discretion, verify a user’s identity prior to allowing such user to access and/or use the Services. Company may, without liability, refuse to process and/or may cancel any services, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Use. Any reviews, opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Company and Company does not take on any liability related thereto. Company cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user on and/or in relation to the Services. Please use caution and common sense when using the Services.
DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using the Services, including but not limited to data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
TERM; TERMINATION
This Terms of Use will remain in full force and effect exclusively, until either party requests to terminate the relationship. The rights granted by Company to use the Services is predicated upon your (a) acknowledgment and acceptance of this Terms of Use; (b) payment for the access granted; and (c) agreement to not share the access granted with any other person or entity. We may terminate your User Account and/or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your User Content associated with your User Account from our live databases, without liability. You will have the ability to terminate the Services at any time, for any reason, upon ten (10) days prior written notice to the Company. Upon termination, you agree to immediately discontinue use of the Services and/or related services that were promoted through the Services, and must provide a certified statement indicating compliance with this provision upon Company’s request. If you violate, or if we have grounds to suspect that you violated, this Terms of Use and/or other use parameters included on the Services, we reserve the right to suspend and/or terminate your User Account, and/or refuse your use of the Services (or any portion thereof) at any time. In the event you fail to pay for the access granted, and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider the user’s access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such a case, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by the you.
INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless Company, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) your violation of any law and/or the rights of a third party (ii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives, (iii) your use of Company’s Services, (iv) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company upon your receipt of notice of any Claim against you which might give rise to a claim against Company.
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY COMPANY TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES, CONTENT, AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; (C) COMPANY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT; AND (D) THE AIRCRAFT IS UP-TO-DATE WITH MAINTENANCE, IN COMPLIANCE WITH APPLICABLE LAWS AND/OR SAFE TO FLY. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO, AND/OR USE OF THE SERVICES.
COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
LINKED SITES
The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only. Company does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. Company reserves the right to terminate any link and/or linking program at any time. Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.
You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact [email protected].
THIRD PARTY SERVICES
General. The Services may be made available and/or accessed in connection with third party services and content that Company does not control. Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. Company does not endorse such third-party services and content and in no event shall Company be liable for any products and/or services of such third-party providers. You agree that Company shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, Company shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that Company utilizes third party providers to provide the Services, and any terms and conditions related to such third party providers products and/or services shall govern the use of such third party providers’ products and/or services. You acknowledge and agree that Company is not liable for the performance of any third party providers’ products and/or services.
Distributor Rights. You acknowledge and agree that certain distributors (such as app store providers) are intended beneficiaries of this Terms of Use and have the right to enforce this Terms of Use directly against you. Other than as set out in this section, this Terms of Use is not intended to grant rights to anyone except you and Company, and in no event shall this Terms of Use create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of this Terms of Use is not subject to the consent of any other person.
Apple Terms. If you have downloaded the Service from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. The right to access and use the Service is limited to a non-transferable right to use the Services on any Apple – branded products that you own or control. This Terms of Use is between you and Company only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s responsibility as further set forth in this Terms of Use. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms of Use, and upon your acceptance of this Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Terms of Use. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
SEPARATE AGREEMENTS
You may have other agreements with Company. Such agreements are separate and in addition to this Terms of Use. This Terms of Use does not modify, revise or amend the terms of any other agreements you may have with Company. Additionally, you may be required to agree to additional terms and conditions before accessing and/or using certain areas of the Services (“Additional Agreements”). The terms of any Additional Agreement (which may include payment of additional fees) will apply to the applicable area of the Services in addition to the terms of this Terms of Use. If there is a conflict between this Terms of Use and any Additional Agreement, the terms of the Additional Agreement will control with respect to your use of and/or access to that area of the Services.
NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. The Services are not a substitute for professional advice, and you should not construe this as legal, tax, accounting, financial, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.
Force Majeure
Notwithstanding any other provision of this Terms of Use, neither party is liable for any failure to perform, or delay in performing, any particular obligations under this Terms of Use where the failure or delay arises from any cause or causes beyond its reasonable control, including without limitation fire, flood, earthquake, elements of nature, epidemics, communication line failures, power failures, acts of God, acts of war, terrorism, riots, civil disorders or rebellions (“Force Majeure Event”). In the event of a Force Majeure Event, the parties agree to meet and discuss how to resolve the issue. Either party may terminate this Terms of Use by giving the other party written notice if the other party fails to perform those obligations for one (1) month due to such Force Majeure Event. This Section does not apply to any obligation to pay money, or any obligation that is unaffected by the Force Majeure Event.
Independent contractor
Company is an independent contractor and will determine the method, details and means of performing the Services. No party shall have the authority to bind, represent or commit the other. Nothing in this Terms of Use shall be deemed or construed to create a joint venture or agency relationship between the parties for any purpose.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Company respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(iv) Information sufficient to permit Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is: Crewchief Systems®, LLC Attn: Copyright Agent ([email protected]).
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
DISPUTE RESOLUTION
Disputes. We want to address your concerns without needing a formal legal case. If a dispute between users ensues, we encourage the users to first try and engage in discussions, through the Services, to resolve the matter on their own. Before filing a claim against Company, you agree to try to resolve the dispute informally by contacting us at [email protected] within fifteen (15) days of the incident that is being reported. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or Company agree to resolve any claims related to this Terms of Use through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or your ability to opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Use). You must write us at [email protected]. If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Company Confidential Information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all controversies and/or claims arising out of or relating to this Terms of Use and/or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Mill Valley, California, or any other location we agree to. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims, if it qualifies, in small claims court in Mill Valley, California. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Company’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Mill Valley, California. Both you and Company consent to the foregoing venue and jurisdiction.
MISCELLANEOUS
If any provision(s) and/or term(s) of this Terms of Use shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term(s) and/or provision(s) shall be divisible from the other terms and conditions and shall be deemed to be deleted from it. This Terms of Use shall be governed in all respects by the laws of the Delaware, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Use.
Contact us: If you would like to request additional information regarding this Terms of Use, please contact us at [email protected].
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