Terms and Conditions
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU (“CUSTOMER” OR “YOU”) AND AERO CONNECT, LLC (“AERO CONNECT” OR THE “COMPANY”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE AERO CONNECT WEBSITE LOCATED AT THE URL: HTTP://WWW.AEROCONNECT.COM (THE “SITE”) AND THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SERVICE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICE AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU ARE ACCESSING THIS SITE FOR YOUR COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THESE TERMS. AERO CONNECT MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. AERO CONNECT CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE AND/OR THE SERVICE. YOUR CONTINUED USE OF THE SITE OR SERVICE AFTER ANY SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE UPDATED TERMS AND CONDITIONS.
By using the Site, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old, that You are using the Site with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to enter into these Terms. Further, You represent, acknowledge and agree that: (a) all registration information that You submit is truthful and accurate; (b) You will maintain the accuracy of such information and keep such information up-to-date; and (c) Your use of the Service and Site do not violate any applicable law or regulation.
Your use of this Site is also governed and You hereby agree to be bound by the Aero Connect Privacy Policy, which is available at
https://aeroconnect.com/privacy.
GENERAL PROVISIONS
Membership Privileges
You need not register with the Company to simply visit and view the site. However, certain elements of the Service and areas of the Site, such as the Aero Connect Aircraft Connect and Engine Connect listings services (“Password Protected Areas”), are only accessible by users who have registered for a membership account and password. If You desire to register a membership, You must submit the following information through the account registration page on the Site: name, company, phone number, email address, address, and primary focus. Upon registration, which is free, Customer becomes a Member. A Member may access and search the Aero Connect Aircraft Connect and Engine Connect listings services, and will receive results of the available listings matching the Customer’s designated search parameters.
Membership privileges are granted by Aero Connect to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing aircraft or engine information service is permitted to access any Password Protected Area without express written permission from Aero Connect. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Aero Connect. Aero Connect may refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the these Terms or which abuses its rights related to the Aero Connect service.
Aero Connect requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Aero Connect system. Members are required to maintain the confidentiality of all logins and passwords and are responsible for the activities that occur through the use of their accounts, logins or passwords. Aero Connect is not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your account, logon information or password and/or failure to comply with the any provisions of these Terms that relate to confidentiality of account, logon or password information. You agree to notify the Company immediately if Your password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of Your account or password on the Site or if You know of any other breach of security in relation to this Site and/or Service.
Aero Connect utilizes email as a vital and primary communication channel with customers. You hereby agree to receive and grant Aero Connect the permission to provide notice and communicate with You via email (in addition to any other communication channel such as phone and fax) for any purposes Aero Connect determines to be relevant including, but not limited to, system messages, product updates, service announcements, marketing messages and any other notice required to be given under these Terms. By becoming a Member of Aero Connect, You acknowledge and agree that Aero Connect may record telephone and other electronic communications it has with You for Aero Connect’s internal business purposes, including but not limited to training and quality assurance purposes.
Aero Connect utilizes email as a vital and primary communication channel with customers. You hereby agree to receive and grant Aero Connect the permission to provide notice and communicate with You via email (in addition to any other communication channel such as phone and fax) for any purposes Aero Connect determines to be relevant including, but not limited to, system messages, product updates, service announcements, marketing messages and any other notice required to be given under these Terms. By becoming a Member of Aero Connect, You acknowledge and agree that Aero Connect may record telephone and other electronic communications it has with You for Aero Connect’s internal business purposes, including but not limited to training and quality assurance purposes.
Listings and Other Submissions
Should Customer choose to submit listing(s) (each a “Listing”) for the sale, lease or exchange of aircraft and/or engines on the Site or Service, such Listing and any other information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that Customer submits, uploads, posts or otherwise makes available on or through the Site and/or Service (each a “Submission”) is subject to the following terms:
Listing Review. Aero Connect reserves the right, but does not have the obligation, to review any listing (the “Listing Review”) submitted by Customer through the Service prior to such Listing becoming available for full viewing on the Site. Although Customer’s listings may be subject to Listing Review, Customer remains solely responsible for abiding by and complying with these Terms. Customer may not submit any listing that infringes upon the intellectual property rights of any party, or that otherwise violates these Terms. By submitting listings to the Service, Customer warrants and represents that Customer owns or otherwise controls all of the rights in and to the content of such Listings including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that Aero Connect cannot review or control all of the content provided by Customer(s) that is made available on the Site and/or through the Service and has no ability or obligation to independently verify Customer’s rights in the content of any Listing.
During Listing Review, new Listings submitted through the Service are examined to determine whether such Listings comply with these Terms. If Company, in its sole discretion, determines that a Listing violates these Terms (including but not limited to containing inaccurate or incomplete information), Company will send an email message to the Customer about such Listing, clearly stating how such proposed Listing does not conform to these Terms and offering solutions on how to rectify the deficiency. The email will specify a reasonable amount of time (normally 48 hours) for Customer to respond. It is the sole responsibility of the Customer to review the communication from Company, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Company determines the listing is compliant with these Terms, the Listing will be made available for full viewing on the Site and/or Service. However, if the Customer fails to respond to the communication from Company, Aero Connect, in its sole discretion, reserves the right to remove from the Listing any and all content that continues to violate these Terms, and may refuse to allow the Listing to be published on the Site and/or Service.
Required Fields. Listings are submitted through a web-based form. All fields noted by an asterisk (*) on the “add an aircraft” and “add an engine” forms are required fields and must be completed with valid and accurate data pertaining to the listed aircraft or engine (“Required Fields”). Listings where data is missing or data entered in the Required Fields is deemed illogical will be disallowed or removed from the Site until valid content is entered in the Required Fields.
Duplicates. Aero Connect prohibits the listing of a single aircraft or engine more than once on the Service at the same time (“Duplicate Listings”). Aero Connect reserves the right to remove any and all Duplicate Listings without notice to Customer. Notwithstanding the foregoing, Customers may list an aircraft in the “Aircraft Exchange” portion of the Site and the engines from that aircraft in the “Engine Exchange” portion of the Site at the same time, using the Service’s End of Life Package.
Aero Connect Generated Listings. If Customer contracts (through the execution of a separate agreement) for Company to generate Customer’s Listing(s), Company will create the Listing using the information provided by Customer. Customer must approve such Company-generated Listings before they are accessible by other customers and members. Company has no obligation to verify or correct any information provided by Customer, nor does Company have any obligation to ensure that Customer owns or otherwise controls all of the rights in and to the content of such Listings. Customer remains solely responsible for accuracy of such Listings and the Listings’ compliance with these Terms. In no event shall Company be liable to Customer in any way for any inaccuracy, error or improper content contained in such Listings.
General. Customer acknowledges that Customer, not Company, bears full responsibility for each Submission Customer makes, including its legality, reliability, appropriateness, and the ownership of any trademarks and copyrights contained therein. Unless otherwise explicitly stated herein or in the Privacy Policy, Customer agrees that any Listing or other Submission provided by Customer in connection with the Site and/or Service is provided on a non-proprietary and non-confidential basis. Customer hereby assigns, transfers and conveys to Company all of its worldwide right, title and interest in and to its Listings and Submissions, and the complete right to exploit or otherwise use such Listings and Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. Company agrees to use all of Customer’s Submissions in accordance with the provisions of the Privacy Policy applicable to personally identifiable information. For avoidance of doubt, Company shall have the right to modify any Listing or Submission (including via the addition of a Company watermark) and shall have the sole authority and discretion to choose the manner in which any Listing or Submission will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site.
Customer agrees not to upload, post, submit or otherwise make available to Aero Connect or on the Site or Service any Listing or Submission unless (a) Customer owns or controls such Listing, Submission and all content thereof or therein, or (b) Customer has received all necessary copyright, trademark or other proprietary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise such Listing or Submission on the Site and/or Service. By way of example and not of limitation, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site. Company may, in its sole discretion but without any obligation to search for such, remove any Submission and/or Listing that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Submissions in violation of these Terms.
Customer (a) represents and warrants that all of the descriptions in Listings it submits and associated information provided by Customer will be accurate; (b) agrees to administer and maintain the Listings it submits and maintain their accuracy at all times. Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of any Listing or Submission uploaded or submitted to the Site and/or Service. Company is not responsible for checking the accuracy of reports or data files submitted by the Customer and shall not be liable for any failure to do so. While the Company shall make commercially reasonable efforts related to data backup and business resumption in the event of unscheduled downtime, Customer will be solely responsible for retaining back-up copies of all Listings and Submissions it provides to Aero Connect.
Customer agrees to maintain accurate contact account information (including, but not limited to, a valid phone number and email address) in order to submit and maintain active Listings.
Use of Information
Customer shall limit its access to and use of the Site and/or Service to personal and internal use, and shall not distribute, publish, publicly display, or prepare of derivative works of information obtained from the Site or Service, or facilitate any of these activities in any way. Customer shall not use the Site, Service or any content that is obtained from or made available through the Site or Service in any manner for or in connection with any other listing service or device. Customer shall not use the Site or Service as part of any effort to compete with Aero Connect, including without limitation using the Site and/or Service to provide, alone or in combination with any other product or service, any services to any third party.
Customer agrees that all information obtained from the Service, including listings, historical transaction information, and any information otherwise made available to Customer through the use of the Service (individually and collectively, the “Confidential Content”) is provided for Customer’s personal and internal use and shall not be disclosed by Customer to any third party without the prior written consent of Aero Connect. Without limiting the forgoing, Customer expressly agrees that Confidential Content reserved for Members will be maintained as confidential and shall not be disclosed to any competitor of Aero Connect.
Aero Connect does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the active aircraft and engine listings solely to obtain initial information from which further evaluation and investigation may commence. The “Aero Connect Outlook”, Aero Connect Listing Report” and “Aero Connect Listing Alerts” reports offered through the Service and other similar information, reports and services (individually and collectively “the Aero Connect Reports”), the Service, and any and all content offered by Aero Connect to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY AERO CONNECT, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
When using the Site and/or the Service, You agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (a) terminate Your access to Your account, Your ability to post to this Site and/or Service, (b) refuse, delete or remove any Listings or Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to the Site, Service or to any other user of this Site or Service, and (c) for Customers using the Site and/or Service in an abusive or excessive manner, by automated or manual means, immediately terminate such Customer’s account and will be assess an excessive use fee of $5000. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, Service or the Internet.
You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that Your use of this Site or the use of this Site by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your Listings, or Your other Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Feedback
If You send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Payment Terms
Customer agrees to pay for all Listings that are posted on the Site and/or Service. All Listings are posted as “available” for a term of 30 days following payment of the initial monthly fee. Ten days prior to the end of posting term You will receive an email notification with an option and invoice to renew for an additional 30 day term. If You renew before the end of the 30 day term, the Listing will be “available” for an additional 30 days following expiration of the previous term. If You do not renew the Listing, the listing will be de-listed upon expiration of the paid term.
Customer agrees to pay all amounts within 30 days of the invoice date. Any amounts due that are not received by the date due will be subject to a late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less. If payment is not current, Aero Connect reserves the right to immediately remove the Listing from the Service. Customer will pay the amounts due without deducting any taxes. Customer is responsible for paying any and all withholding, sales, value added or other taxes, duties or charges applicable, other than taxes based on Aero Connect’s income. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer.
If Customer is not satisfied with the service, Customer may cancel its account at any time and receive a refund for full unused months of Customer’s Listing(s). All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent to the Customer’s email account on record. Any prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. Any discounts received via a product bundle are subject to removal when individual product(s) in bundle are canceled.
If Customer has a question about a cancellation, Customer should contact Aero Connect Client Services at info@aeroconnect.com or at 415-503-3672. The Company reserves the right to change its fees or billing methods at any time. The Company will use commercially reasonable efforts provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Customer must notify Aero Connect about any billing problems or discrepancies within 90 days after charges first appear on its Account statement. If such problems or discrepancies are not brought to Aero Connect’s attention within 90 days, Customer agrees to waive its right to dispute such bills.
Unsolicited Commercial Email (Spam)
Aero Connect prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email service that Aero Connect offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Aero Connect has the right to revoke the privileges of any customer or company that breaches these terms.
Termination
Any Member may cancel its account at any time, with or without cause, by sending notice of such cancellation to info@aeroconnect.com. Aero Connect reserves the right to terminate a Member’s account at any time without prior notice with or without cause. Upon termination, Aero Connect shall have no obligation to maintain or forward any content in Your account.
Intellectual Property Rights means all intellectual property rights (throughout the world, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Aero Connect grants You a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Site and listings or reports You receive from the Site and/or Service solely for Your personal use. Except for the license set forth in the preceding sentence above, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site, Service or any content thereon or therein in any manner.
This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of these limited licenses, You agree to immediately destroy any materials You have downloaded or printed from the Site or Service. Except as stated herein, You acknowledge that You have no right, title or interest in or to this Site, Service or any Site or Service content. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Aero Connect’s technology or delete or alter author attributes or copyright notices. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Limitation of Liability and Indemnification
IN NO EVENT SHALL AERO CONNECT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE OR SERVICES, OR DAMAGE OR LOSS RELATED TO CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. AERO CONNECT SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO ANY TRANSACTION FOR AIRCRAFT OR AIRCRAFT ENGINES LISTED ON THE SITE, WHETHER RELATED TO PAYMENT, NON-DELIVERY, DEFECTS OR ANY OTHER MATTERS. ANY DISPUTES REGARDING THE PURCHASE, LEASE, EXCHANGE or SALE OF AIRCRAFT OR AIRCRAFT ENGINES LISTED ON THE SITE ARE STRICTLY BETWEEN THE BUYER AND SELLER AND AERO CONNECT SHALL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO ANY SUCH TRANSACTION. Customer’s exclusive remedy, and Aero Connect’s entire liability under these Terms shall be a refund to Customer of the fees paid to Aero Connect hereunder, and in no event will Aero Connect’s liability for any reason exceed such fee. Aero Connect (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Site or Services, and Customer shall indemnify Aero Connect (and Aero Connect’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use of the Site or Services. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to You.
Warranty Disclaimers
THE LISTINGS, SERVICE, AIRCRAFT AND ENGINE DETAIL INFORMATION, AND AERO CONNECT REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AERO CONNECT MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT THERETO, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND AERO CONNECT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. AERO CONNECT MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE, INCLUDING LISTINGS, SERVICE, REPORTS, TECHNICAL DOCUMENT ATTACHMENTS AND AERO CONNECT REPORTS IS PROVIDED “AS-IS,” IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AERO CONNECT OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Aero Connect is not involved, as a seller, broker, agent or under any other capacity, in the transaction of aircraft, or engines listed on the Site or through the Service. Customer acknowledges and agrees that Aero Connect shall not, and has no obligation to, market, advertise or otherwise take any action to further the purchase, lease, sale or exchange of any item contained in a Listing. Should a dispute arise between parties involved in the transactions of aircraft or engines listed through the Site or Service, Aero Connect shall be released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Links to Third Party Sites
The Site and Service may contain hyperlinks to other web sites operated and controlled by parties other than Aero Connect, Inc. and its subsidiaries. These links may include links from advertisers, sponsors, and content partners that may use Aero Connect’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement You may leave the Aero Connect site. Aero Connect does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Aero Connect does not assume any liability for the actions, product, and content of all of these and any other third parties. Aero Connect makes no representations and bears no responsibility for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When You click on a link that leaves the Aero Connect site, the site You will land on is not controlled by Aero Connect and different terms of use and privacy statements may apply. Aero Connect also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Governing Law
These Terms provided by Aero Connect, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of San Francisco County, California for the adjudication of any disputes or claims arising out of and/or related to these Terms. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which shall remain in full force and effect.
Assignment
These Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Aero Connect, which retains the right to withhold consent in its sole discretion. Aero Connect may freely assign or delegate its rights and/or obligations under this agreement.
Waiver and Severability
The failure of Aero Connect to exercise or enforce a legal right or remedy contained in these Terms does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
Intellectual Property Infringement
Notification:
Aero Connect respects the intellectual property rights of others, and we ask You to do the same. Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and/or Service for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or Service, please provide Company’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 at the Site or on the Service, and information reasonably sufficient to permit Aero Connect to locate the material.
- Information reasonably sufficient to permit Aero Connect to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- 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.
Aero Connect’s agent for notice of claims of copyright or trademark infringement can be reached as follows:
obrown@aeroconnect.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Notices
All other notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to:
Chief Executive Officer
Aero Connect
1900 S. Norfolk, Suite 350
San Mateo, CA 94403-1171
Or by email to: info@aeroconnect.com.
Entire Agreement
The terms and conditions of these Terms constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of these Terms.
Last Updated: 1/15/2021
1/15/2021