PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
Last updated: January 4, 2023
YOUR COMPLIANCE WITH THIS AGREEMENT
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
THE SITE IS NOT INTENDED FOR MINORS
The Site is intended to be accessed and used only by adults and is not directed to minors. ATF does not knowingly collect personally identifiable information from or about anyone under the age of 13 and you should not provide ATF with any information regarding any individual under the age of 13. If you are under the age of 13, you are expressly prohibited from using the Site.
YOUR ACCESS AND USE OF THE SITE
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement.
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that ATF, in its sole discretion, may elect to take. ATF reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Any action by you that, in ATF’s sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without ATF’s prior express written permission.
YOUR ACCESS AND USE OF SERVICES ON THE SITE
You Must Maintain the Integrity of Your Information. To use certain Services, you may be required to provide ATF with information about you (“Your Information”). If you provide Your Information to ATF then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. ATF’s collection, use and disclosure of Your Information is governed by this Agreement.
You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that ATF shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify ATF of a Breach. You agree to immediately notify ATF of any unauthorized use of your password, any unauthorized use of any account that you may have with ATF, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: firstname.lastname@example.org.
You Are Responsible for Your Decisions. ATF and its affiliates, through the Site, may provide a venue through which you can obtain information and you can find third-party service providers (“Service Providers”). ATF does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. ATF does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that ATF shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. ATF does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or by Service Providers. Any such terms are not agreed upon until you and ATF reach a final agreement.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO THE SITE
If you transmit, submit or post information to the Site, including any text, graphics or logos, you automatically grant ATF and its affiliates and assigns the worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, prepare derivative works from, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).
You shall not transmit, submit or post the following to the Site:
- Information that infringes ATF’s or any third party’s copyright, patent, trademark, trade secret or other rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to ATF or third parties or that infringes on ATF’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading; or
- Commercial advertisements or solicitations without written permission from ATF.
ATF may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
You are solely responsible for all your transmissions, submissions or postings and the consequences of transmitting, submitting or posting them.
ATF’S INTELLECTUAL PROPERTY RIGHTS
ATF’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ATF in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without the prior express written permission of ATF which permission may be withheld in ATF’s sole discretion. ATF makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, ATF or its Content suppliers. ATF also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of ATF or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of ATF’s or any third party’s intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by ATF or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
YOUR USE OF THE CONTENT
ATF grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you shall not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of ATF, which permission may be withheld in ATF’s sole discretion.
You may not use any meta tags or any other “hidden text” utilizing ATF’s name or trademarks without the express written permission of ATF, which permission may be withheld in ATF’s sole discretion.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without ATF’s express written permission which may be withheld in ATF’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in ATF’s sole discretion an unreasonable or disproportionately large load on ATF’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of ATF and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures ATF may use to prevent or restrict access to the Site. Notwithstanding the foregoing, ATF grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. ATF reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without ATF’s express, written permission, which permission may be withheld in ATF’s sole discretion.
When you visit the Site or send emails or otherwise submit information to ATF, you are communicating with ATF electronically. You consent to receive communications from ATF electronically and via any e-mail address you provide to ATF for any purposes. Although ATF may choose to communicate with you by regular mail, ATF may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ATF provides to you electronically satisfy any legal requirement that such communications be in writing.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of the Site.
THIRD PARTY LINKS
There may be provided on the Site links to other Web sites belonging to ATF’s advertisers, business partners, affiliates, suppliers, Service Providers and other third parties. Such links do not constitute an endorsement by ATF of those Web sites, nor the products or services listed on those Web sites. ATF is not responsible for the activities or policies of those Web sites. ATF does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. ATF does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.
If ATF provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
ATF MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT
The Content and all services and products associated with the Site are provided to you on an “as-is” and “as available” basis. ATF makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk.
ATF does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. ATF makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. ATF does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.
The Site is controlled and offered by ATF from ATF’s facilities in the United States of America. ATF makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
LIMITATIONS ON ATF’S LIABILITY
ATF shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATF AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ATF’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT ATF SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY YOU OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH CONTENT SUBMITTED BY YOU AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND ATF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
YOUR INDEMNIFICATION OF ATF
You shall defend, indemnify and hold harmless ATF and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by ATF; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
AMENDMENTS OF THIS AGREEMENT
ATF reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon ATF posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that ATF may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, ATF shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Maricopa County, AZ, or the United States District Court for the District of Arizona. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site shall be deemed solely based in the State of Arizona; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over ATF, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Arizona. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Arizona, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Maricopa County, Arizona, or the United States District Court for the District of Arizona.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. This Agreement, and all aspects of your relationship with ATF, including any personal information or data associated therewith, may be disclosed and/or assigned by ATF to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by ATF from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and ATF regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact ATF via any of the methods set forth below:
Via telephone: +1.480.218.0918
Via fax: 480-218-0980
Via mail: Attn: Kim Gajewski, Manager, ATF Aerospace LLC, 2609 North Ogden, Mesa, Arizona 85215 United States of America
Via email: email@example.com