Terms of Use
- ACCEPTANCE OF TERMS
AeroWx.com ("AWX") provides the information and services on AeroWx.com to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of AeroWx.com constitutes agreement with such Terms.
Before using AeroWx.com, please carefully read this agreement relating to your use of AeroWx.com. By using AeroWx.com, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use AeroWx.com.
AWX reserves the right, at AWX's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of AeroWx.com following the posting of changes to these Terms will mean that you accept those changes.
Use of AeroWx.com constitutes full acceptance of and agreement to the Terms; if a user does not accept AWX's Terms, he or she is not granted rights to use AeroWx.com as defined herein, and should refrain from accessing AeroWx.com.
To update these Terms, AWX will post both the changed version and its effective date at https://AeroWx.com/terms/.
AWX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, AeroWx.com. AWX shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
- NO UNLAWFUL OR PROHIBITED USE
By using AeroWx.com, you warrant to AWX that you will not use AeroWx.com, or any of the content obtained from AeroWx.com, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use AeroWx.com automatically terminates.
- DESCRIPTION OF SERVICES
AeroWx.com is owned and operated by AWX for the purpose of aviation information collaboration and innovation (the "Purpose"). AeroWx.com provie news, tools, and products for the aviation community.
- CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not AWX, is entirely responsible for all Content that he or she uploads, posts, emails, or otherwise transmits via AeroWx.com. No user shall transmit Content or otherwise conduct or participate in any activities on AeroWx.com that, in the judgement of AWX, is likely to be prohibited by law in any applicable jurisdiction.
- NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of AeroWx.com, use of AeroWx.com, or access to AeroWx.com.
- LINKS
AWX, AeroWx.com or a third party may provide links to other websites. AWX exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. AWX shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products, and services therein, is solely at your own risk.
- INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless AWX, and its parent corporation and affiliates and their respective officers, employees and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of AeroWx.com; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF AeroWx.com IS AT HIS OR HER SOLE RISK. AeroWx.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND AWX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. AWX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, AWX MAKES NO WARRANTY THAT (i) AeroWx.com OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF AWX'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AWX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AWX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE AeroWx.com OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AeroWx.com; OR ANY OTHER MATTER RELATING TO AeroWx.com. IN NO EVENT SHALL AWX'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOIN VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN AWX AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, AWX DOES NOT AND CANNOT CONTROL THE ACTIONS OF AeroWx.com SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO AeroWx.com. OPERATION OF AeroWx.com MAY BE SUBJECT TO INTERFERENCE FROM NUMBEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY AWX. - GENERAL INFORMATION
The Terms constitute the entire agreement between each user and AWX and govern each user's use of AeroWx.com, superseding any prior arrangements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and AWX shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions and each party shall submit to the personal and exclusive juridiction of the courts located within the county of Lexington, South Carolina. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- PRIVACY
If you register for one of AWX's sites, or for services on any of our sites, we collect personally identifying information from you. During registration you are asked to provide your email address and some demographic information including such items as your gender, year of birth, and address. The more information you provide, the better we are able to customize our services and your experience to suit your needs and preferences.
Our main goal is to provide you with a customized and more relevant experience on AWX sites. We review our users' preferences, demographics, traffic patterns, and other information in aggregate so that we can better understand who our audience is, and what it is you want. Please note that we do not share your personally identifying information with any advertiser.
AWX uses cookies to store and track your preferences to provide you with a more personalized user experience. A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies. You can set your browser preferences to reject all cookies but then you will not be able to participate in most customized services, and you may be required to repeatedly log in to participate in various services, promotions, or product offerings. Cookies make your experience easier by saving your preferences and passwords.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
By using AWX sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of AWX sites. We reserve the right, to modify this Privacy Statement at any time.
- VIOLATIONS
Please report any violations of the Terms to the AeroWx.com Site Directory at admin@AeroWx.com.
Last modified: 08 August 2013