Subscriber Agreement and Conditions of Membership
You must read and agree to the Subscriber Agreement and conditions before you can use CompanyAirplane.com. Please read them completely.
By completing the registration form, you (“Subscriber”) are applying to become a paid Subscriber to the particular subscription service(s) that you select ("Subscription"). This Agreement sets forth the terms and conditions on which CompanyAirplane.com, Inc.(“Company”) is willing to permit your use of the Service and your responsibilities as a Subscriber. If your application to become a Subscriber is accepted by the Company, you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. If you do not wish to be bound by this Agreement, simply DO NOT complete the registration form and you will be returned to the CompanyAirplane.com, Inc. Web Site home page.
No warranty is made by regarding any information or services provided through or in connection with the Service, and CompanyAirplane.com, Inc. hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information or services. All information is provided "AS IS" without warranty of any kind. CompanyAirplane.com, Inc. hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The documents and related graphics published on this site could include technical inaccuracies or typographical errors. CompanyAirplane.com, Inc. reserves the right to edit advertisements for readability or reject any advertisements at it's discretion at any time. Explicit written permission is required from CompanyAirplane.com, Inc. for reproduction, exhibition, usage or referencing to any material contained in this site. All respective logos, trademarks and service marks are properties of their respective owners.
Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by CompanyAirplane.com, Inc. and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of CompanyAirplane.com, unless otherwise clearly stated in this Agreement.
Any liability of CompanyAirplane.com, Inc. website, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, shall be strictly limited to the amount paid by or on behalf of the subscriber to CompanyAirplane.com, Inc. for the preceding 30 days.
There are no refunds for any fees paid by the Subscriber.
This Agreement constitutes a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement. The Database(s) and all other aspects of the Service are the property of the Company and are protected by copyright laws and international treaties. This Agreement does not grant you the right to use any Company trademark, service mark, or logo for any purpose whatsoever.
Subscriber shall not sell, distribute, loan, lease, or commercially exploit the Database(s), or any search output therefrom, or create any derivative work using the Database(s).
Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of the Company.
The Company will maintain as confidential all information regarding your credit card used to pay the Subscription fee, where applicable, and will not disclose such information to any third party except as may be necessary to validate the card or to implement charges for your Subscription, or as permitted by paragraph 8(b) hereof.
You acknowledge and agree that the Company may use other information about you which the Company obtains either directly from you or which it obtains by the nature of your use of the Service as permitted by paragraph 8(b) thereof.
Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.
You agree to indemnify, defend, and hold harmless the Company and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates") from and against any and all liability and costs (including attorneys' fees and costs) incurred by the Company and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.
You agree to cooperate as fully as reasonably required in the defense of any such claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Company.
THE SERVICE AND THE DATABASE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH THE SUBSCRIBER.
The Company does not warrant that the functions of the Service will meet Subscriber's requirements or that the operation of the Service or the Database(s) will be uninterrupted or error free.
The Company shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service or the Database(s).
The Company has no control over the content of the World Wide Web sites or Portable Document Format (PDF) files of linked sites, companies, individuals, groups, affiliates, or other entities that may be accessed from CompanyAirplane.com, Inc. Web Site or the Service Web Sites through hypertext links ("Linked Sites"), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.
THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
In no event shall the Company be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if the Company has been advised of the possibility of such damages.
In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall the Company's damages under any legal theory exceed the total fees paid by Subscriber under the license granted herein during the twelve months immediately preceding the date on which the cause of action arose.
The Company may terminate the right of any Subscriber to access the Service at any time, with or without cause, in the Company's absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a Subscriber's right to access the Service shall in no manner whatsoever limit the Company's absolute right to terminate any Subscriber's access to the Service under this paragraph.
The Company has the right to modify this Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon the earlier of (i) notice by electronic mail to the e-mail address last provided to the Company by you; or (ii) fifteen days following the date that the modified Agreement is first posted on the Service. Your continued use of the Service following its effective date shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing the Service, including, without limitation, (i) any changes in the content of the Service, or (ii) any change in the amount or type of fees, charges, or assessments payable under this Agreement, is to terminate your Subscription and continued use of the Service by delivering proper notice thereof to the Company.
Failure by the Company to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement, and all other aspects of a Subscriber's use of the Service, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in the City of Atlanta, Georgia. No demand for arbitration or action of any kind or nature arising out of this Agreement, or out of any use of the Service by a Subscriber, shall be brought by either the Company or any Subscriber more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in the City of Atlanta, Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys' fees.
Affirmative Action / Equal Opportunity Statement
All employers that post on CompanyAirplane.com agree not to discriminate on the basis of race, color, religion, national origin, sex, age, disability, marital status, or military veteran status, as is defined by law, in employment, admission, or operation of its activities, as prescribed by Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, sections 503 and 504 of the Rehabilitation Act of 1974 and 1975, Americans with Disabilities Act 1992, and other federal and state laws and regulations. Inquiries concerning the application of these executive orders may be directed to the or to the director, Office for Civil Rights, U.S. Department of Labor, Washington, D.C. 20201.
This Agreement constitutes the entire agreement between you and the Company with respect to the Service and supersedes all prior agreements or understandings between you and the Company with respect thereto.