Updated: July 13, 2019
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
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.
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
PAYMENT/PURCHASE AND FEES
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.
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
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.
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.
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.
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).
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.
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.
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.
INDEMNIFICATION AND WAIVER
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:
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).
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.
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.
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.
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.