The use of PaperlessCockpit.com, and the terms and conditions for the sale of any goods and services it provides, is governed by the Terms of Use Agreement. By using this site you acknowledge that you have read the Terms of Use, and that you agree to comply with and will be bound by the terms thereof.
Please review our Terms of Use carefully. If you do not agree to these terms, you should cease your use of the Paperless Cockpit Web site.
OWNERSHIP
Paperless Cockpit and its suppliers own all content, materials, forms, agreements, documents and other items on this Site (hereafter referred to as "Materials"). Paperless Cockpit grants you a limited license to view and use Materials as described in our License agreement below. Materials are protected under applicable copyright, trademark, trade secret and other intellectual property laws in the United States and around the world. You may not view, use, copy, perform, display or modify Materials except as described in our License agreement below. Paperless Cockpit reserves the right to modify, add to or delete any Materials at any time.
LICENSE
Subject to your performance of your obligations under this Agreement, Paperless Cockpit hereby grants you a limited, revocable, nonexclusive, nontransferable license (without the right to grant sub-licenses) to view and use the Site and the Materials solely for your own internal business purposes. You may not republish, "mirror", "frame", transfer or otherwise make available to third parties the Site or the Materials except with the prior written consent of Paperless Cockpit.
COPYRIGHT
Most of the material featured on this Site is subject to Paperless Cockpit copyright protection unless otherwise indicated. Paperless Cockpit and the Paperless Cockpit logos are trademarks of Paperless Cockpit, Inc. Microsoft and Windows are registered trademarks of Microsoft Corporation. To view a copy of Microsoft's Copyright Permission, go to www.microsoft.com/permission/. Paperless Cockpit is an authorized Jeppesen Sanderson dealer. JeppView and Jeppesen and their respective logos are registered trademarks of Jeppesen Sanderson Inc. FliteDeck and FliteStar and their respective logos are trademarks of Jeppesen Sanderson, Inc. To view Jeppesen's Copyright and Legal Information, go to www.jeppesen.com/copyright.phtml. All other trademarks and service marks mentioned are the property of their respective companies.
REGISTRATION AND PERSONAL INFORMATION
Paperless Cockpit's Privacy Policy shall govern the collection of your personal and registration information through PaperlessCockpit.com. The terms of this Privacy Policy are hereby incorporated into this Agreement by reference and can be modified by Paperless Cockpit at any time. You understand and agree that the collection or use of your personal information by third parties shall be governed by any agreement or privacy policy in effect between you and such third parties, if any, and Paperless Cockpit shall have no liability whatsoever for any such collection or use.
SUPPORT FORUMS
PaperlessCockpit.com contains support forums (hereafter referred to as "Site Forums") where you may share information with other users. You agree that if you use any Site Forums, you shall not share, post, transmit or otherwise disseminate any unlawful, defamatory, libelous, threatening, abusive, offensive, racist, vulgar, harassing, pornographic or obscene material of any kind, or materials that would infringe or violate the rights of any person or constitute a criminal offense or otherwise violate any applicable local, state, national or foreign law. You understand and agree that you shall not use the Site Forums for advertising or commercial promotion of yourself or any third party. Paperless Cockpit does monitor Site Forums on a regular basis, but may do so without notice to or permission from you or any third party. Paperless Cockpit reserves the right, but not the obligation, to remove any material from Site Forums as it sees fit at any time. You understand and agree that Paperless Cockpit, its parent, subsidiaries, affiliated companies, agents, shareholders, employees and officers shall have no liability whatsoever for any information or material contained or shared at Site Forums.
DISCLAIMER
THE SITE AND ITS MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PAPERLESS COCKPIT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. PAPERLESSCOCKPIT.COM AND ITS MATERIALS MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, MAY CONTAIN "BUGS," ERRORS AND DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED.
DAMAGES
IN NO EVENT SHALL PAPERLESS COCKPIT, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PAPERLESS COCKPIT, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAPERLESS COCKPIT AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
GRANT OF RIGHTS
You represent and warrant that all information provided by you in whatever format shall not be confidential to you or any third party, and Paperless Cockpit may use or disclose such information without notice or permission from you or any other third party, subject only to the Paperless Cockpit Privacy Policy as described in "Registration and Personal Information." You hereby grant to Paperless Cockpit a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, transferable license (with a right to grant sub-licenses through multiple tiers of sub-licenses) to use, execute, display, copy, perform and modify such information as Paperless Cockpit sees fit and for any purpose whatsoever.
GENERAL
This Terms of Use Agreement constitutes the entire and only agreement between Paperless Cockpit and you regarding use of PaperlessCockpit.com, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the information provided by or through the Site, and the subject matter of this Agreement. You agree to review Paperless Cockpit's Terms of Use Agreement prior to reviewing any information or obtaining any documents from the Site. Any action related to this Agreement shall be governed by the substantive laws of the State of Tennessee without regard to conflicts of laws principles. The State and Federal courts located in Memphis, Tennessee, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extraterritorial service of process. The United National Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Neither this Agreement nor any rights hereunder may be assigned by operation of law or otherwise, in whole or in part, by you without the prior written consent of Paperless Cockpit. Any purported assignment without such permission shall be void. Paperless Cockpit may assign this Agreement, in whole or in part, without notice to you. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This Agreement may be modified or amended only in writing, signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void. In the event of any conflict between this Agreement and the Privacy Policy or any other terms on the Site, this Agreement shall control. |