Last Updated: September, 8th 2010
Acceptance of Terms of Use
These Terms of Use govern your use of TheAeroClub.com and ProAV8 Inc. service and website. By using, visiting, or browsing TheAeroClub.com and ProAV8 Inc. service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use TheAeroClub.com and ProAV8 Inc. service or website.
These Terms of Use are an ongoing contract between you and ProAV8 Inc. and apply to your use of TheAeroClub.com and ProAV8 Inc. service and website. These Terms of Use affect your rights and you should read them carefully.
Binding Agreement.
These Terms and Conditions, as they may be amended from time to time by PROAV8 Inc., form a binding agreement (the "Agreement") between you and PROAV8 Inc. ("TheAeroClub.com"). Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
Changes to Terms of Use
ProAV8 Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the TheAeroClub.com. website. The most current version of the Terms of Use will supersede all previous versions. Your use of TheAeroClub.com and ProAV8 Inc. website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically. The date of any changes to our Terms of Use will be noted within the Terms of Use policy.
Definitions
The following definitions apply to this Agreement:
"PROAV8 Inc." "Web Site" or the Site:
includes " www.TheAeroClub.com " in its entirety and its related sites owned or operated by PROAV8 Inc., and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
Content:
Includes all Text, Graphics, Design and Programming used on the Site.
Text: includes all text on every page of the Site, whether editorial, navigational, or instructional.
Graphics:
Includes all logos, buttons, and other graphical elements on the Site.
Design:
Includes the color combination and the page layout of the Site.
Programming:
Includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
Document:
Refers to any posting to the Site, whether job or resume.
Services:
Means any services provided on the Site by PROAV8 Inc. or its agents.
User:
Refers to any individual or entity who uses any aspect of the Site.
"You" and "you":
Means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
Privacy
Any personally identifying information submitted on this website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted within our Privacy Policy. It is your obligation to check the Terms of Use and Privacy Policy pages each time you access and use the Web Site.
Member Term Length
TheAeroClub.com, at any time, may indefinitely suspend or remove your account at the discretion of the staff. We reserve the right to terminate or suspend your account for any or no reason. Any content deemed unsuitable for use on this website is solely at the discretion of the staff and ProAV8 Inc. By using this website, the user agrees that any content placed on TheAeroClub.com may be removed or edited for appropriate content by TheAeroClub.com staff. If any content is found to be inappropriate, TheAeroClub.com staff has full authority to remove or suspend membership of the user.
NO GUARANTEE
ProAV8 Inc. does not guarantee any specific results from use of the services on the Site that any user may intend to gain. This website is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. "ProAV8 Inc." and "TheAeroClub.com" also refers to all information, media, products and services used or available via TheAeroClub.com and ProAV8 Inc. Website. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by ProAV8 Inc. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please use the "Contact Us" link provided at the bottom of the website. Information provided within this website is information collected from the users of the website and/or other sources by ProAV8 Inc.. ProAV8 Inc. makes no guarantees concerning the accuracy of any information provided by any of the users of this website.
ProAV8 Inc. takes no responsibility whatsoever for the activities TheAeroClub.com members or those members' respective practices (or any of the information posted or downloaded by them on TheAeroClub.com.) and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users. Nothing on TheAeroClub.com shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise.
WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PROAV8 INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. PROAV8 INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) PROAV8 INC. DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PROAV8 INC. IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) PROAV8 INC. makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) PROAV8 Inc. makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
Disclaimers & Limitations
When a user submits general account information on this website, they are required to accept these Terms of Use and the Privacy Policy before allowed to use the service provided. Any user that wishes to receive a copy of this agreement may contact us anytime.
Administration Account Modification
ProAV8 Inc. retains the right to terminate any user's ability to access any service on this website at any time without notice and to discontinue or modify any of the information contained on this website, or provided service, at any time with or without any prior notification.
Intellectual Property
The compilation of all content on this site is the exclusive property of ProAV8 Inc. and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from ProAV8 Inc. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this website, not to insert any code or product or manipulate the content of this website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. ProAV8 Inc. reserves the right to terminate your membership hereunder if ProAV8 Inc. in its sole and absolute discretion, believes that you are in violation of this paragraph.
Use of Information submitted to
ProAV8 Inc. is free to use. Any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to ProAV8 Inc. ("Feedback"), including responses to questionnaires or through postings to TheAeroClub.com and ProAV8 Inc. website, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving TheAeroClub.com and ProAV8 Inc. website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note ProAV8 Inc. does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ProAV8 Inc.. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against ProAV8 Inc. and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Your Conduct on TheAeroClub.com and ProAV8 Inc. Website
By accessing the TheAeroClub.com website, you agree to use TheAeroClub.com and ProAV8 Inc. service, features and functionality associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this website. You also agree not to interfere with the servers or networks connected to this website or to violate any of the procedures, policies or regulations of networks connected to this website. You also agree not to impersonate any other person while using this website, conduct yourself in a vulgar or offensive manner while using our service, or use of this website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to become a member of TheAeroClub.com and ProAV8 Inc. service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the TheAeroClub.com. website, including but not limited to information contained within a member or members profile, without our express written consent. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ProAV8 Inc. without our express written consent. You may not use any meta tags or any other "hidden text" utilizing TheAeroClub.com and ProAV8 Inc. name or trademarks without our express written consent. Any unauthorized use of TheAeroClub.com and ProAV8 Inc. website or its contents will terminate the limited license granted by us.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL PROAV8 INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROAV8 INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PROAV8 INC.'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL PROAV8 INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (e) Due to the nature of this Agreement, in addition to money damages, you agree that PROAV8 Inc. will be entitled to equitable relief upon a breach of this agreement by you.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links and Pages
Some of the hyperlinks on the TheAeroClub.com website may lead to other websites or applications that are not controlled by, or affiliated with, ProAV8 Inc. In addition, other websites may link to the TheAeroClub.com website or ProAV8 Inc. may include links to the websites of businesses, including those that have associations with us through certain programs. For example, ProAV8 Inc. may include pages that display and provide information on Applications, ProAV8 Inc. ready devices or other products. These pages may provide links to third party sites where ProAV8 Inc. members may obtain or purchase such Applications and devices. ProAV8 Inc. has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that ProAV8 Inc. is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use.
