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Terms and Conditions

  AircraftMarketPlace User Agreement

By accessing our websites at http://www.aircraftmarketplace.com/, http://www.acmp.com/ or any other pages or websites (collectively and singly the “Site”) controlled by AircraftMarketPlace, LLC.[, a California LLC and/or its affiliates] (“ACMP,” “we,” “us”) or company-related websites (our “websites”), and/or by signifying your assent to the following terms presented to you from the Site, you are agree to the following terms (the “Agreement”), with ACMP. In addition, other terms may be associated with different levels of membership; such terms shall be deemed part of and incorporated in the Agreement with respect to such memberships. This Agreement is effective on January 1, 2007 and is subject to amendment or supplementation as set forth below.

Using the Site

While using the Site, you will not post inappropriate content or items on any area on the Site; violate any laws, third party rights, or our policies; use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites; interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to ACMP; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm or prevent the uninterrupted use of the Site, ACMP or other users, or the interests or property of ACMP users; copy, modify, or distribute content from the Site and ACMP's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. ACMP uses best efforts to keep the Site working properly and community created by its Site safe. Please report problems, offensive content, and policy violations to us at info@acmp.com. We care about protecting copyrights, trademarks and other rights of third parties. If you believe that your rights have been violated, please notify us and we will investigate. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Materials License

The information comprising the Site or the services offered by ACMP therefrom (including all content, information, ACMP's domain name, the ACMP logo, any marks appearing on the Site, and configurations, displays, screens appearing on or displayed in connection with the Site, news articles, industry, or other information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips) (the "Materials") are provided by ACMP as a service to its customers and may be used for informational purposes only. The Materials on this Site are copyrighted and/or are protected by trademark and other laws. Any unauthorized use of any Materials at this Site may violate copyright, trademark, and other laws. ACMP may make changes to these Materials, or to the products described therein, at any time without notice. ACMP makes no commitment to update the Materials. To the extent that ACMP did not originate or create such Materials, the Materials are not the responsibility of ACMP, but rather of the entity or persons from which such Materials originated or which created the Materials. You acknowledge that ACMP and/or third-party content providers remain the owners of the Materials on this Site, and that you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Site. In addition, other trademarks appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. You agree to respect, and not in any way to violate, such third party rights. ACMP's trademarks may be used publicly only with permission from ACMP. Fair use of ACMP's trademarks in advertising and promotion of ACMP products requires proper acknowledgement. ACMP or another authorized third party may edit, alter, or summarize certain Materials provided by others; ACMP is not liable for the completeness of any Materials provided to you, regardless of whether ACMP has edited, altered, or summarized such Materials. To the maximum extent legally possible, you agree that you will not directly or indirectly copy, publish, reproduce, distribute, display or transfer any or all of the Materials, whether electronically, mechanically, or otherwise, in any form (including the copying of presentation style, Materials, or Materials organization) without the prior written permission from ACMP; provided, however, that you may download one copy of the Materials found on the Site on a single computer for your internal use only unless specifically licensed to do otherwise by ACMP. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person; (d) except as specifically provided above, copy, reproduce, modify, publish, upload, post, transmit, or distribute any of the Materials in any way, without ACMP's prior written permission. You agree that you will not frame, link or mine the Site without our express prior approval. Except as expressly provided herein, ACMP and its suppliers do not grant any express or implied right to you under any intellectual property or information rights. ACMP may terminate this license at any time. Upon termination, you must immediately destroy the Materials and terminate all use, access of materials derived from the Site. ACMP has provided links to certain non-ACMP sites for your convenience. Some of these sites may have certain marks of or other references to ACMP. However, please be aware that the information, products or services available on these sites is being provided by third parties over which ACMP has no control. ACMP provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to ACMP do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. ACMP reserves the right to terminate any link or linking program at any time. In connection with the establishment of your account with us, you will be required to provide us with certain registration information. You agree and represent that all registration information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by visiting MyHangar on the Site. Your right to use the Site is personal to you - you may not authorize others to use the Site, and you are responsible for all use by you and those you allow to use the Site. You may not sub-license, transfer, sell or assign this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your subscriber ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored through the Site), you must promptly change your password and notify us of the problem through http://www.acmp.com.

Fees, Advertising Terms

(a) Accessing the Site is free. Currently, becoming a member is also free, although we reserve the right to charge fees for different levels of membership for specific content. (b) We do charge fees for using other services, such as listing aircraft or posting advertising. In addition to the other terms of the Agreement, the following terms apply specifically to your participation in advertising or aircraft listing program(s) (the "Program") and, as applicable, any insertion orders or service agreements ("IO") executed by and between the parties and/or accepted by you (such terms and the IO’s, the “Advertising Terms”): (i) Use of the Program is subject to all applicable ACMP policies, which maybe modified or supplemented by ACMP from time to time, all of which are incorporated as part of the Advertising Terms; (ii) You are solely responsible for all: listing information, ad targeting options and keywords, ad content, ad information, and ad URLs, web sites, services and landing pages which links or directs viewers to a site (collectively, the “Content”), and services, aircraft, or products advertised or listed by you (collectively "Customer Services"). You indemnify us from and agree to defend us and hold us harmless from any cost, liability, expense (including without limitation our attorney’s fees and costs) arising as a result of or relating to the Content and/or the Customer Services; (iii) You agree to comply with all other specifications, approval requirements, cancellation guidelines and Content restrictions set forth in the other Advertising Terms. Without limiting the foregoing, fees for posting or listing of Content are due and payable prior to the posting/displaying on the Site (or, if earlier, submission for print, electronic submission or hosting). Once the Content has been posted, listed, printed, developed or otherwise has had labor and expenses incurred by ACMP, the fees with respect thereto are non refundable. ACMP may cancel immediately any advertisement or other content, any of its Programs, or these Advertising Terms at any time with notice, in which case you will be responsible for any Content already posted. (c) When you list an item or use a service through the Program or other services for which we charge a fee, we will provide you with an opportunity to review and accept the fees that you will be charged based on our fee schedules, which we may change from time to time. Changes to our fee schedules are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. (d) Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, or retaining collection agencies and legal counsel. In addition, we may suspend user accounts until payments due are received. Any fees or expenses paid to recover your payment of services provided will be added to the original amount plus a monthly interest of 10% per month. Your approval authorizing our collection of these fees.

Submission of Information; Content License; Marketing, e-mail, direct mail and fax

Any material, information, Content, or other communication you transmit or post to this Site or in response to requests for information ("Communications")will be considered non-confidential and non-proprietary. ACMP will have no obligations with respect to the Communications. ACMP and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Without limiting the foregoing, you grant us and our designees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Communications, in any media known now or in the future. Moreover, by clicking on the newsletter, creating a hanger, or accessing or using the Site, you agree that ACMP, it’s affiliates, customers, advertisers and partners may send you advertising via e-mail, fax or direct mail. To remove yourself from this list, you understand that there are opt-out procedures which with you must comply. Non compliance with these opt out procedures will be ineffective and will be conclusive evidence that you do not object to continued advertising via e-mail, fax or direct mail. Opt-out procedures include using e-mail listed at the bottom of the fax, e-mail or direct mail, or contacting ACMP via the toll free number; however, you acknowledge that we are not responsible for any misuse by third party advertisers.

Liability

To the fullest extent permitted by law, ACMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Without limiting the foregoing, you agree as follows: (a) Under no circumstances will ACMP be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials. ALL MATERIALS, WHETHER ORIGINATING WITH OR CREATED BY ACMP OR OTHERWISE, IS PROVIDED "AS IS" AND WITH ALL FAULTS AND ACMP SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR. Without limiting the foregoing, ACMP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. (b) You will not hold ACMP responsible for other users' actions or inactions, including things they post. You acknowledge that the Site is a venue to allow anyone to offer, or sell just about anything aviation-related. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. (c) We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Also, we disclaims all guarantees regarding positioning, levels, quality, or timing of serving any impressions including the Content, conversions or other results for any ads or listing, the accuracy of any user data (e.g. reach, size of audience, demographics or other purported characteristics of audience), and the adjacency or placement of ads or listing within a Program or on the Site. (d) You understand that third parties may generate impressions or clicks on your ads or listings for prohibited or improper purposes, and you accept the risk of any such impressions and clicks. (e) EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE PURSUANT TO TERMS HEREOF AND CUSTOMER'S BREACHES OF “Using the Site,” “Materials License,” “Registration, Account Creation and Passwords” and “Fees, Advertising Terms”, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ACMP BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment and indemnification obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. (f) If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from, and agree not to assert as against us, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on the Site or to the email address you provide to ACMP during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. ACMP is not responsible if your mailing address provides is not correct.

Resolution of Disputes

You and ACMP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ACMP must be resolved by a court located in Harris County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration; provided, however, that the arbitration option will not be binding upon us unless we otherwise consent in writing with respect to our claims with respect to indemnification and your breach of obligations set forth in “Using the Site,” “Materials License,” “Registration, Account Creation and Passwords,” “Fees, Advertising Terms,” and/or “Liability.” In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties, which agreement will not be unreasonably withheld. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall be held on consecutive days unless the parties otherwise agreed; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The ADR shall be in Harris County, Houston, TX USA. Improperly Filed Claims - All claims you bring against ACMP must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, ACMP may recover attorneys' fees and costs up to $1000, provided that ACMP has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. All claims must be filed in Harris County, Houston, TX USA. Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

AircraftMarketPlace Inc., mailing address is: 227 20th Street Suite 101, Neport Beach, CA 92663. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: indemnification provisions and the obligations set forth in “Using the Site,” “Materials License,” “Registration, Account Creation and Passwords,” “Fees, Advertising Terms,” “Liability,” and “Resolution of Disputes.”

 

 
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