1. INTRODUCTION
Welcome! These Terms of Use explain your rights and obligations in accessing, visiting and/or using any of the internet websites and mobile applications (collectively, the “Services”) developed, controlled and maintained by Helinet Aviation Services, LLC (“Helinet”). Please note that while the Services are owned and operated by Helinet, the products and services described in the Services may in fact be performed by entities affiliated with or under contract to Helinet. Helinet and any and all affiliated entities that control, are controlled by, or are under common control with Helinet are collectively referred to herein as “we,” “us” or “our”.
PLEASE READ THESE TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING ANY OF THE SERVICES. By using the Services or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please exit the Services immediately, as you are not authorized to use the Services.
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional Terms of Use for certain features of the Services. Any changes to these Terms of Use may be made without notice, and will be effective immediately upon posting on the Services, so please be sure to review them on an ongoing basis. The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.
2. USE OF CONTENT
All information, materials, functions and other content (collectively, “Content”) contained on the Services are the property of Helinet and/or its affiliates, assigns, clients, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We may change the Services or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from the Services may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Services, except that where any of the Services is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, internal use only; provided that you (a) keep intact all copyright, trademark and other proprietary rights notices, (b) make no modifications to the Content and (c) do not use the Content in a manner that suggests an association with any of our Services. Any unauthorized or prohibited use may subject the offender to civil liability and potential criminal prosecution under applicable federal and state laws.
3. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SERVICES AND SEARCH RESULTS
You should be aware that when you are on the Services, there may be links to other sites that take you outside our Services to websites or applications that are beyond our control. You acknowledge that when you click on any such link, the sites you are taken to are not controlled by us; different terms of use and a different privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Services or any Content contained on our Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
4. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO OR FROM OUR SERVICES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO OUR CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD-PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
5. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, our licensors, representatives and other authorized users, and each of the foregoing entities’ respective subcontractors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or any claim arising from your use of the Services and/or any Content. We will provide notice to you of any such claim and will assist you, at your expense, in defending any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR CONTENT OR (B) THE CONTENT, INFORMATION AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SERVICES, CHANGE THE SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. USER INFORMATION
Subject to our Privacy Policy, Helinet may use the information it obtains relating to you, including your IP address, name, mailing address, email address and your use of any part of the Services, for the purpose of fulfilling requests for information or services, for Helinet’s internal business purposes, and for disclosure to third parties engaged in the promotion of Helinet and its products and services.
8. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to Copyrights, c/o Helinet Aviation Services, LLC, 16303 Waterman Drive, Van Nuys, CA 91406. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that we may terminate any user who we reasonably believe to be a repeat copyright infringer. We respect the intellectual property of others.
9. JURISDICTIONAL AND VENUE ISSUES
The Services are based in the United States. They are not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, covenant or guarantee that the Services or any Content are appropriate, available, or legal in any particular geographic location.
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Services and/or any Content available through the Services shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the Services is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
10. AMENDMENT
At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you by posting notice of such amendment on the Services. Any such amendment to these Terms of Use will be effective immediately upon our posting of the amended Terms of Use on the Services.
11. GENERAL PROVISIONS
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California and of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as expressly provided in our Privacy Policy, a separate agreement between you and Helinet, or in material on particular web pages, these Terms of Use constitute the entire agreement between you and us with respect to your use of the Services. These Terms of Use shall be binding upon and inure to the benefit of you, us and our respective successors and assigns.
No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “without limitation.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SERVICES OR ANY CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.