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Terms of Use

Effective: August 25, 2014

These Terms of Use govern your use of the websites, located at www.aerocom.com and www.aerocom.ca, which are made available by Aerocom Systems, Inc., and its affiliates and subsidiaries (“Aerocom” or “we” or “us” or “our”). These Terms of Use apply to www.aerocom.com and www.aerocom.ca and any other website offered by Aerocom, which references or links to these Terms of Use (each a “Site” and together the “Sites”), and which may include our Sites entered via tabs or portals accessible via LinkedIn® or other social sharing sites. These Terms of Use do not apply offline and do not alter the terms of any other agreement that you may have with us or our subsidiaries or affiliates. Your access to and use of a Site reflects your agreement to be bound by these Terms of Use.  Aerocom reserves the right to change these Terms of Use from time to time, and at any time, without prior notice. By using a Site following any changes to these Terms of Use, you agree to be bound by any such changes to these Terms of Use.

By accessing or using a Site you acknowledge and represent that you (i) have read these Terms of Use and our Privacy Policy (which is hereby incorporated by reference) (ii) understand them, (iii) accept and agree to be bound by them, (iv) are at least 18 years old; (v) are able to form legally binding contracts, and (vi) agree to comply with all laws and regulations applicable to you, to the use of the Sites, and/or the Internet. If you do not agree to any of the Terms of Use, we are unwilling to grant you access to the Sites.

1.     Use of Site Content.  For so long as you agree to these Terms of Use and abide by them, you may use the Sites. Other than as expressly permitted in the next paragraph and in Section 2 below, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Site or any content, information, software, products or services obtained from any Site without our prior written permission.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Sites, and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

2.     Creation and Use of the Account and Access to Tools. Certain portions of the Sites are only available to a user that has created an “Account.” To set up an Account, you are required to contact us in accordance with the instructions provided on the Sites and provide the requested information. You are required to provide us with your name, title, location, company name and e-mail address. We reserve the right to review the information provided by any applicant and deny access to the Account-only portions of the Sites. Subject to our approval of your creation of an Account, we will provide you with a password to access the Account-only portion of the Sites. Your user ID, which is your e-mail address, password and Account information are, collectively, “Your Account.”  You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing the Sites under your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself.  If your access to the Sites has previously been terminated by Aerocom, then you may not register for a new account, or designate other individuals to use an account on their or your behalf. You agree to register for an Account using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Sites (or any portion thereof) and any license(s) to the Tools.

For purposes of these Terms of Use, “Tools” includes the drawings, plans and models, including all related documentation and intellectual property rights, available on the Account-only portion of the Sites. Subject to these Terms of Use, we grant users with an Account a limited, non-exclusive, revocable, non-transferable, non-sublicenseable license, under the rights we have in the Tools, to view, display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your computer, mobile device or other technology used to access the Sites, and use the Tools solely for internal, business purposes.

You agree that you will not use the Tools to (i) store, loan, distribute, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Tools, or any part thereof; (ii) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (iii) use the Tools in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary rights of Aerocom, its third party suppliers or any other third party, or (iv) remove any copyright, trademark, patent or other intellectual property notices in connection with the Tools.  You agree not to access the Tools by any means other than through the interface that is provided by Aerocom or its agents for use in accessing the Tools.  Any other use of the Tools other than as expressly set forth herein without Aerocom’s prior written consent, which may be withheld in Aerocom’s sole and absolute discretion, is strictly prohibited and all implied licenses are disclaimed. 

3.     General Restrictions on Use of the Sites.  You may not (i) decompile, disassemble, reverse assemble, modify, or reverse engineer the Sites or any portion thereof, including source or object code or any software accessible through the Sites; (ii) attempt to gain unauthorized access to the Sites, any portion thereof or any other computer systems through the Sites; (iii) engage in any activity that interferes with a user’s access to the Sites or the proper operation of the Sites, or otherwise causes harm to the Sites; (iv) interfere with or circumvent any security feature of the Sites or any feature that restricts or enforces limitations on use of or access to the Sites; (v) engage in any activities through or in connection with the Sites that seek to attempt to do harm or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to us; or (vi) use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” or distribute viruses or any other technologies that may harm us or the interests of users. You agree that you will not use a Site in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through a Site.  Use of any of the Sites made available through a third-party social sharing platform such as LinkedIn is also subject to the platform’s applicable terms and conditions.

4.     Availability of Sites; Termination of Account.  We may immediately suspend or terminate the availability of the Sites (and any elements and features of them) in whole or in part for any reason, in our sole discretion, and without advance notice or liability. These Terms of Use will become effective and binding when you create an Account, use the Sites, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Sites (such as buttons labeled “I Agree”).  We reserve the right to terminate these Terms of Use and your access to the Sites at any time without notice. Your rights under these Terms of Use will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms of Use. Without limiting other remedies, we reserve the right to, at any time and without notice to you, terminate your access to your Account and/or the Sites or block your access to your Account and/or the Sites if: (i) we believe in our sole discretion that you have violated these Terms of Use or have otherwise engaged in any activities that may harm or damage the reputation, rights, or property of the Sites, our users, or any other person; (ii) requested by law enforcement or other government agencies; or (iii) your Account has extended periods of inactivity.

5.     Unsolicited Submissions; Diagnosis of Problems.  Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by e-mail, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes Aerocom’s property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. Aerocom does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.  You hereby expressly permit Aerocom or its authorized contractors and partners to access your Account in order investigate and diagnose actual or potential defects or other technical problems with the Sites.

6.     Intellectual Property.  Aerocom and its licensors and/or service providers own all right, title and interest in and to the Sites, Tools, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to all intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership in or rights to of any of the foregoing. The Sites are copyrighted as a collective work under the United States’ and other copyright laws, and are the property of Aerocom. The collective work includes works that are licensed to Aerocom. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Aerocom or its affiliates.  Aerocom does not grant any license or other authorization to use the Marks except as expressly provided herein or through a separate written license agreement.

7.     Children.  You affirm that you are over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  If you are under 18 years of age, then please do not use the Sites.

8.     Linking. The Sites may contain links to other websites, which may be of interest to you. Aerocom is not responsible for the content of any other websites linked to a Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms of Use no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

9.     Privacy Policy. Along with these Terms of Use, please read our Privacy Policy and refer to it before you submit any personal information to a Site. The Privacy Policy is hereby incorporated and made part of these Terms of Use.

10.     Disclaimer.  THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, TOOLS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Aerocom DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Aerocom DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Aerocom DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON ANY SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 

11.     Limitation of Liability. IN NO EVENT SHALL Aerocom, ITS AFFILIATES, SUBSIDARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, TOOLS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATED DOLLARS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

12.     Indemnity. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, the Tools, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms of Use, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an Account registered to you. 

13.     Jurisdictional Issues. The Sites are operated out of the United States and the Sites may not be available to users outside of the United States. Aerocom makes no representation that materials or information on any Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. If you are located outside the United States and/or are a national of another country and choose to provide information, upload content to a Site, or register an Account with us, you acknowledge and agree that the information is processed and transferred in the United States. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States than the laws in your country. By using a Site, you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States. Those who choose to access a Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on any Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

14.     Miscellaneous. These Terms of Use are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Hall County, Georgia. You agree to comply with all laws, rules, and regulations that apply to your use of the Sites. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. By using a Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Sites or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Aerocom’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred by you, but may be assigned by us to any party at any time without notice to you.

15.     Contact Us. We welcome your questions and comments about our Terms of Use.  Please contact us either by e-mail at sales@aerocomusa.com or by writing to: 4052 Thurmon Tanner Pkwy, Flowery Branch, GA 30542.