Welcome to the Aviatech, LLC website, available at “aviatech.com” (this “Site”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties and a choice of California law.
These Terms are effective as of January 1, 2006.
1. Site Content
All contents of this Site are: ©2004-2006 Aviatech, LLC. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of Aviatech. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Aviatech's intellectual property rights.
2. Modifications To Terms and Site
Aviatech may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.
Aviatech also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Aviatech may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Aviatech will not be liable to you or any third party in the event that Aviatech exercises its right to modify or terminate access to this Site or portions of this Site.
3. Third Party Sites
As a convenience to you, Aviatech may provide links to web sites and access to content, products and services of third parties, including without limitation, Aviatech’s affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Aviatech does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Aviatech, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
4. Disclaimer and Limitation of Liability
Aviatech makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Aviatech EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
IN NO EVENT SHALL Aviatech BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF Aviatech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address:
Aviatech, LLC
4350 Executive Drive, Suite 200
San Diego, CA 92121
6. Governing Law
Use of this Site is governed by California law. Any claim related to the Site shall be brought in a federal or state court in California, within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this Site.
7. Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
8. Contact Information
If you have any questions about these Terms, the practices of Aviatech, or your dealings with this Site, please contact us using the information below.
Aviatech, LLC
Attn: Webmaster
4350 Executive Drive, Suite 200
San Diego, CA 92121