AEROSEARCHER, LLC TERMS AND CONDITIONS
Welcome to Aerosearcher.com (the “Website”). Aerosearcher.com is operated by Aerosearcher, LLC which is an Arizona limited liability company (“Aerosearcher”) and is a search engine being provided to the general public solely to help aviation customers and enthusiasts: collect information relating to aviation; determine the availability of aviation related goods and services; connect potential customers with sellers of aviation goods and services; and connect potential employees with potential employers in the aviation industry.
Terms used herein such as “we,” “us,” “our,” and “Aerosearch.com” refers to Aerosearcher. The term “you” refers to any consumer/customer visiting the Website for any purpose, including, but not limited to viewing or searching for content on the Website, becoming a member by registering for a user account, or through connecting with any Aerosearcher sales representative or other agent of the Website or Aerosearcher.
Aerosearcher reserves the right to deny access to anyone to the Website and any services offered in connection with the same and/or immediately suspend or terminate any account registration with the Website, at any time, without notice, for any reason, including, but not limited to any breach of this Agreement which may be brought to our attention.
USE OF WEBSITE
As condition of your use of the Website, you warrant that:
- You are at least 16 years of age.
- You possess the legal authority to create a binding legal obligation;
- You will use the Website in accordance with this Agreement;
- Your registration with the Website is for your sole, personal use and that you will not authorize others to use your identification and password, and you will not assign or otherwise transfer your account to any other person or entity;
- All information provided by you to the Website is true, accurate, current and complete; and
- If you create a membership account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
The content on the Website, as well as the infrastructure used to provide such information, is proprietary to us or our information suppliers and providers. While you may take limited copies you’re your own personal use, you agree to not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through this Website. Further, where applicable, you are solely responsible for all content or information you submit to Aerosearcher and/or the Website and agree to, understand, and will abide by, all of the following:
- By submitting information to the Website, you warrant and represent that the information is true, accurate, current and complete.
- You will use the Website in a manner consistent with any and all applicable laws and regulations.
- You will not take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of any Website pages in search engines such as Google, Bing, Yahoo! or the like.
- You will not upload, or cause to be uploaded, viruses or other similar malicious code or otherwise provide a hyperlink or similar content that would otherwise link to any site or content that contains any viruses or other similar malicious code.
- You will not do, or aid anyone else in doing, anything that could, in our discretion, disable, overburden, or impair the proper working or appearance of the Website, including but not limited to, accessing, monitoring or copying any content or information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose or deep-link to any portion of the Website for any purpose without prior written authorization.
- You will not use the Website or its content for any commercial purpose.
- You will not “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without prior written authorization.
Without limitation, you understand that overuse, activity that may be perceived as suspicious or in violation of these Terms, including signs of fraud or abuse of the Website or any services connected to the same may result in terminating your access, suspending your member user account, and, in the event of fraudulent activity, Aerosearcher may take any necessary legal action and you may be held liable for any monetary losses to Aerosearcher including litigation costs and damages.
While Aerosearcher strives to provide high quality content either directly or through those that Aerosearcher aggregates information (“Third-Party Content Providers) Aerosearcher does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither adopts, endorses, or is responsible for the accuracy or reliability of any opinion, advice or statement made unless otherwise specifically stated. Under no circumstances will Aerosearcher be responsible for any loss or damage resulting from anyone’s reliance on information or other content displayed on the Website.
CONTENT GENERATED BY THIRD-PARTY CONTENT PROVIDERS
The Website is a search engine that provides users with information relating to the aviation industry. This means that our Website may contain hyperlinks to websites operated by parties other than Aerosearcher. Unless otherwise indicated, Aerosearcher does not provide, own or control any of the aviation related products and services that you can access through the Websites. Such content is owned, controlled or otherwise made available by Third-Party Content Providers (i.e., not Aerosearcher) through the third-party direct sources. As such, the Third- Party Content Providers are responsible for their content related to their own products and services. If you choose to link to any Third-Party Content Provider through the Website, you understand and agree that such Third-Party Content Providers will have their own terms and conditions along with privacy policies that you must understand and agree to and that Aerosearcher does not control any of the content, terms and conditions, or privacy policies and practices of those Third-Party Content Providers. When connecting to any Third-Party Content Provider site, you understand and agree that you do so at your own risk and that Aerosearcher does not have any responsibility should anything go wrong with any connection to such website/platform or transaction that may occur on the Third-Party Content Provider’s website/platform. It is up to you to you to take whatever cautions are necessary to ensure that such websites/platforms are free from such items like viruses, worms, Trojan horses, defects and other items of a destructive nature. Further, Aerosearcher, unless otherwise indicated, has no control over such Third-Party Content Provider’s products and services which also includes any content provided by other third-party users, such as comments, ratings and other information that may be connected to the same. Unless otherwise indicated, inclusion of any hyperlinks to Third-Party Content Provider websites/platforms does not imply any endorsement of the material on such website or any association with their operators. If there is an endorsement by Aerosearcher, it will be clearly indicated. Aerosearcher does not guarantee that the content obtained from the Third-Party Content provider will be updated in real time or that any particulate Third-Party Content Provider information will be available on the Website. Any rating system that may exist on this Website are to be intended as general guidelines as we do not guarantee the accuracy of the ratings or any user content. To the extent you see any ratings, you are encouraged to seek out additional information from alternative sources as part of your own due diligence on the product or service listed.
INTELLECTUAL PROPERTY: TRADEMARK & COPYRIGHT FOR WEBSITE CONTENT
Aerosearcher claims all intellectual property rights to content created by it directly or as may be otherwise obtained by assignment, including any Trademark(s) associated with Aerosearcher. Aerosearcher claims no ownership to Trademark or Copyright for Third-Party Content Provider content.
NOTICE FOR COPYRIGHT INFRINGMENT (ONLY)
We comply with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). If you believe that your copyright has been infringed through the use of the Website, taking into account license, express consent, fair use or other valid defenses, please submit a notice that complies with 17 U.S. C. § 512(c)(3) to our registered DMCA agent as follows:
Jeffrey Scott Miller
20701 N. Scottsdale Rd, Suite 107-452
Scottsdale, Arizona 85255
Phone: (480) 650-9458
Email: [email protected]
You may also courtesy copy Aerosearcher by e-mailing [email protected] with an e-mail subject box as "DMCA - Aerosearcher Copyright Policy", however, the registered DMCA agent above must receive the notification in order for the notice to be valid.
At a minimum, any DMCA removal request is required to include at least the following things:
- Your name, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or web address where the alleged infringing material is located. Note: if the content is hosted on a Third-Party Content Provider’s website you will need to contact that particular website as we do not have access to nor control their data.
- A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney's fees incurred as a result; 17 U.S.C. §512(f).
NOTICE OF TRADEMARK INFRINGMENT (ONLY)
If you believe that your trademark has been infringed through the use of the Website, please submit a notice that includes information relating to any trademark registrations that you may have with the USPTO or otherwise by emailing [email protected] with an e-mail subject box as "Trademark - Aerosearcher Trademark Policy.”
DISCLOSURE OF INFORMATION SUPPLIED BY YOU
Notwithstanding the foregoing, from time to time, Aerosearcher may receive subpoenas seeking the identity of a particular user of the Website. Aerosearcher may object to the disclosure to the extent applicable Arizona law has not been adhered to but is under no obligation to do so. In the event Aerosearcher receives a subpoena, it may forward a copy of the subpoena to you at the email address you have provided in your account registration so that you may take action on your own behalf. In the event you fail to respond to our email and/or you otherwise fail to timely object to the subpoena or make other arrangements with the requesting party, Aerosearcher may, without notice, comply with the subpoena which may disclose our identity without incurring any liability to you.
In its sole discretion, Aerosearcher may also disclose your identity to any federal, state, or local law enforcement agency (including federal and state attorneys general) for the purposes of allowing such agencies to contact you as part of their investigation.
USER’S CONTROL OVER USER ACCOUNT
In the event we are unable to resolve your claims/concerns within sixty (60) days, pursuant to A.R.S. §§ 12-133(D) and 12-1501, any and all claims arising from or relating to the performance, alleged breach, termination, interpretation, operation or validity of this Agreement shall be subject to binding arbitration. This includes any claims that arose before you accepted these Terms and any claims against us or any subsidiaries that may exist at the time (your “Claims”). Further, any and all proceedings to resolve any Claims shall be conducted only on an individual bases and not in a class, consolidated or representative action.
Arbitration of claims pursuant to this section shall take place in Phoenix, Arizona before the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, including the supplementary procedures for Consumer-Related Disputes (specifically including Consumer Arbitration Rule R-14, which gives the arbitrator the power to rule on all issues concerning the arbitrability of any claim or counterclaim) or before any other mutually agreed arbitrator or arbitral entity if both parties so agree. The AAA’s rules and filing instructions are available at www.adr.org. The costs of arbitration, including the arbitrator’s fees, shall initially be paid equally by both parties, subject to reallocation by the arbitrator’s final award. The party prevailing in arbitration shall be entitled to its reasonable attorney’s fees and costs as part of the award. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial as discussed below. Further, the Federal Arbitration Act and federal arbitration law apply to these Terms. Judgment on the arbitration award may be entered in any court in any legal or judicial jurisdiction thereof pursuant to A.R.S. § 12-1511.
CHOICE OF LAW, VENUE AND WAIVER OF JURY TRIAL
This Agreement shall be exclusively governed by and construed in accordance with, and you exclusively and irrevocably attorn to, and agrees to apply, the laws of the State of Arizona and the federal laws which may be applicable herein, to the exclusion of all other laws in any jurisdiction or country. You understand and agree: (i) Should any event arise wherein the Arbitration of Claims clause is rendered invalid or is otherwise found to not be applicable or available, the Parties agree that that any action or other legal proceeding relating to this Agreement shall be brought exclusively in any court of competent jurisdiction located in Maricopa County, State of Arizona, and for that purpose you now irrevocably and unconditionally agrees and submit to the jurisdiction of such Arizona court; (ii) you irrevocably waive any right to, and will not, oppose any such Arizona court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from an Arizona court as contemplated by this section; and (v) you specifically agree that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by Aerosearcher in any location other than Maricopa County, State of Arizona and indeed agrees that Aerosearcher is not carrying on business in any jurisdiction other than the state of Arizona. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement.
NOTICE FOR LEGAL SERVICE
If notice or legal service is required, you agree to waive personal service of process and consents that any notice or service of process upon you may be made by any of the following means: electronic service to the email address provided by you, by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at any address provided by you, or by publication in The Record Reporter based out of Phoenix, Arizona.
If notice to Aerosearcher is required for any legal demands or formal legal process, you agree that you will both serve Aerosearcher’s Statutory Agent via in-person service of process and send the communication or documents by email to [email protected] with the Subject Box Titled “AEROSEARCHER – Service of Process.” You can find identifying information for Aerosearcher’s current statutory agent by a search for “Aerosearcher, LLC” on the Arizona Corporation Commission’s website here.
LIMITATION ON OUR LIABILITY AND DAMAGES
As stated elsewhere herein, Aerosearcher makes no representations about the suitability of the content posted on our Website, be it by Aerosearcher directly, any User Content or through Third-Party Content Providers, for any purpose. Any content displayed on our Website that is User Content or Third-Party Content Provider content does not in any way imply, suggest, or constitute a recommendation by Aerosearcher of such User Content or Third-Party Content Provider’s goods, products, services or employment opportunities.
In no event will Aerosearcher be liable or responsible to you for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), strict liability or otherwise and should be considered “as is” without any warranty for any use or display of information on the Website from Aerosearcher, any User Content or Third-Party Content Provider. We are not responsible for any delay or inability to access the Website. Aerosearcher disclaims all warranties and conditions that our Website, its servers or any email sent from Aerosearcher are free from viruses or any other harmful mechanisms. We also disclaim all warranties and conditions of merchantability, fitness for a particular purpose.
Any Third-Party Content Provider listed on the Website, unless otherwise indicated, are completely separate and independent from Aerosearcher and are not agents nor employees of Aerosearcher. As such, Aerosearcher is not in any way liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any Third-Party Content Provider, including for injuries including, but not limited to death, property damage or any other damages or expenses that may arise as a result of such injuries (in contract or in tort). You assume all liability for accessing, displaying content, or otherwise using the Website (including but not limited to your reliance of any content on the Website, the commission of any computer/device viruses or other malicious or damaging mechanisms, information, software, linked sites, products, goods, services or employment opportunities) whether it be under any theory of contract, tort, negligence, strict liability, consumer protection statutes or otherwise, even if Aerosearcher has been advised of the possibility of such damages.
If for some reason Aerosearcher is found to be liable for any loss or damage which arises out of, or is in any way connected with any occurrence outlined above, then the liability of Aerosearcher will in no event exceed, in the aggregate, fifty ($50.00) US dollars or whatever the equivalent may be in the local currency.
This limitation of liability to Aerosearcher reflects the allocation of risk between the parties and this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed its critical purpose. These limitations of liability provided herein shall be determined for the benefit of Aerosearcher.
You will defend, indemnify, and hold harmless Aerosearcher, its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to, any violation of any law or the rights of a third party or any other beach by you of the Terms of this Agreement.
It is the intent of the Parties hereto that all of the provisions set forth herein are severable and independent. In the event any of the provisions should be held to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Effective as of 11/27/2018