Legal: User Agreement & Privacy Policy

User Agreement & Privacy Policy

USER AGREEMENT & PRIVACY POLICY

THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ASPIRE AERONAUTICA INC.

PLEASE READ THE TERMS & CONDITIONS OF THIS USER AGREEMENT(“Terms”), elsewhere known as Terms and Conditions, and/or Registration Terms, CAREFULLY. By accessing and using this and other websites, online services and mobile applications of Aspire Aeronautica Inc., and its subsidiaries and affiliates (collectively referred to as “ASPIRE AERONAUTICA”, “us”, “our”, or “we”), including without limitation www.aspireaeronautica.aero, and other websites and mobile applications linking to these Terms (collectively, the “Sites”) and/or the use of any products or services offered through the Sites (“Products” and “Services”, respectively), you agree to be bound by these Terms, and you confirm that you are at least 13 years old. If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Sites. If you are between 13 and 16 years of age, you may only use the Sites with the consent and supervision of a parent or guardian. Parental consent occurs when the parent or guardian of a minor between the ages of 13 and 16 grants permission for such minor to use the Sites under supervision, and agrees on behalf of himself/herself and the minor to all of these Terms.

These Terms set out your rights and responsibilities when you visit the Sites, and are between you (sometimes referred to as “you” or “your”) and ASPIRE AERONAUTICA. Remember that your use of the Sites is at all times subject to the ASPIRE AERONAUTICA Privacy Policy, each of which incorporates these Terms and should be read carefully. Print or download a copy of these Terms for your records.

If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites (each a “Site Agreement”), the terms in the Site Agreement shall govern over any inconsistencies with these Terms, but only for the specific Site function described in that Site Agreement.

We may revise and update these Terms from time to time without prior notice to you and will post the updated Terms to the Sites. ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. BY USING OR OTHERWISE ACCESSING THE SITES, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITES, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND ANY CHANGES TO THEM. YOU AGREE TO PERIODICALLY REVIEW THIS PRIVACY POLICY FOR SUCH CHANGES.

ALL USE OF THE SITES AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES IS AT YOUR OWN RISK. You are responsible for evaluating specific information, content, Products, and Services that may be available through the Sites. We do not represent, warrant or guarantee any particular results with respect to your use of the information, Products and Services available on the Sites. YOUR USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY GUARANTEE ABOUT THE ACCURACY, RELIABILITY OR SECURITY OF ANY SERVICES, METRICS, DATA, STATISTICS OR OTHER INFORMATION YOU FIND ON THE SITES, OR WHETHER SUCH SERVICES, METRICS, DATA, STATISTICS OR INFORMATION WILL HELP YOU ACHIEVE ANY PARTICULAR RESULT(S). WE FURTHER MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS.

 

ONLY A VENUE

You agree and acknowledge that the Sites are for educational and informational purposes only. We make no representation, and give you no assurance whatsoever, that:

  1. Any users of the Sites (collectively “Users”): (i) are not misrepresenting their identity, qualifications, location or authority, or (ii) are of legal age and capacity; or
  2. A particular Product or Service listed or provided through the Sites is (i) reliable, suitable, or of any particular quality, or (iii) actually owned, controlled, or capable of being provided by any particular person or entity.

When interacting with other Users on the Sites, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.

NEITHER ASPIRE AERONAUTICA NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES AND YOU HEREBY RELEASE ASPIRE AERONAUTICA AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. ASPIRE AERONAUTICA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITES OR INTERACTIONS WITH ANY OTHER USER OF THIS SITE, EITHER ONLINE OR OFFLINE.

BY USING THE SITES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM ASPIRE AERONAUTICA WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.

 

PRIVACY POLICY

ASPIRE AERONAUTICA’s Privacy Policy explains the data we collect, use, store, and process while you use and access our Sites. By using our Sites, you have read, understood, and agree to the terms of our Privacy Policy, and you agree that we may use such data in accordance with the terms of our Privacy Policy. You may review ASPIRE AERONAUTICA’s Privacy Policy, below. If you have any questions regarding our privacy policy, please contact us at info@aspireaeronautica.aero.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. This Policy will explain to you how ASPIRE AERONAUTICA collect, uses, protects or otherwise handles your Personally Identifiable Information in accordance with our website and services.

Information covered in this Policy:

  1. What data do we collect?
  2. How do we collect your data?
  3. How will we use your data?
  4. What kinds of communications will you receive?
  5. What choices do you have regarding the collection, use, and distribution of your personal information?
  6. How do we store your data?
  7. What are your data protection rights?
  8. What do you do if you want to correct or delete your personal information?
  9. What are cookies?
  10. How do we use cookies?
  11. What types of cookies do we use?
  12. California Privacy Rights
  13. California Privacy Rights for Minors
    1. What about children?
  14. Children Under 13
    1. Note to Parents from ASPIRE AERONAUTICA
    2. Privacy Policies of Other Websites
  15. Changes to ASPIRE AERONAUTICA’s Privacy Policy
  16. How to contact ASPIRE AERONAUTICA?
  17. How to contact the appropriate authorities?
  18. What happens if there is a data breach?

 

  1. What data do we collect?

ASPIRE AERONAUTICA may collect the following data:

  • Your first and last name;
  • Your email address;
  • Your address, if you choose to provide one;
  • Your date of birth;
  • Your IP address when you connect to the ASPIRE AERONAUTICA website;
  • Your ASPIRE AERONAUTICA password, if you have an account;
  • Anonymized hardware statistics;
  • Any feedback that you provide;
  • Administrative notes made on your account, if an account is made.

 

  1. How do we collect your data?

You directly provide ASPIRE AERONAUTICA with the vast majority of the data we collect. We collect data and process data when you do the following:

  • Register with ASPIRE AERONAUTICA;
  • Request any services from ASPIRE AERONAUTICA;
  • Voluntarily complete surveys or provide feedback on any of our forums or via email;
  • Use or view our website via your browser’s cookies;
  • Fly on the ASPIRE AERONAUTICA Network;
  • Contact any ASPIRE AERONAUTICA staff member;
  • When ASPIRE AERONAUTICA administrators and staff leave comments on your account;
  • When you provide feedback to ASPIRE AERONAUTICA;

 

  1. How will we use your data?

ASPIRE AERONAUTICA collects your data so that it can:

  • Provide you with any requested services;
  • Contact you with news regarding the ASPIRE AERONAUTICA Network;
  • Contact you with news regarding the company and aviation;

ASPIRE AERONAUTICA does not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless ASPIRE AERONAUTICA provides you with advance notice. This does not include website hosting partners and other parties who assist ASPIRE AERONAUTICA in operating its website, conducting its business, or serving its users, so long as those parties agree to keep this information confidential. ASPIRE AERONAUTICA may also release information when it’s release is appropriate to comply with the law, enforce its site policies, or protect its or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

ASPIRE AERONAUTICA may use Google AdSense Advertising on its website. Google, as a third-party vendor, uses cookies to serve ads on ASPIRE AERONAUTICA’s site. Google’s use of the DART cookie enables it to serve ads to ASPIRE AERONAUTICA’s users based on previous visits to its site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

 

  1. What kinds of communications will you receive?

ASPIRE AERONAUTICA Company Updates. ASPIRE AERONAUTICA will send you regular information on its services, aviation and company updates, events, and other pertinent news and promotions. Out of respect for your privacy, we present the option not to receive these types of communications. Please the “Choice” section, which is Section 5 of this Policy.

Training-related Announcements. ASPIRE AERONAUTICA will send you information concerning your flight training activities. This includes notifications for your flights, examinations, examination results, comments from your ASPIRE AERONAUTICA staff, tips and tricks, and other advice related to your training and career advancement.

Customer Service. Based upon the personally identifiable information you provide ASPIRE AERONAUTICA, ASPIRE AERONAUTICA will send you a welcoming email to confirm your registration. ASPIRE AERONAUTICA will also communicate with you in response to your inquiries, to provide flight training, and to manage your account if you have one. ASPIRE AERONAUTICA will communicate with you via email or telephone.

Additional Essential Communications. ASPIRE AERONAUTICA will also send you notifications via Email, in addition to website push notifications, that will include mandatory briefing items from the company that are non-marketing in nature.

The CANSPAM Act. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

ASPIRE AERONAUTICA collects your email address in order to send you ASPIRE AERONAUTICA Company Updates, provide you with Training-related Announcements, provide you with Customer Service, and send you Additional Essential Communications

To be in accordance with CANSPAM, ASPIRE AERONAUTICA agrees to the following:

  • Not use false or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third-party email marketing services for compliance, if one is used
  • Honor opt-out/unsubscribe requests quickly
  • Allow you to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of each email and ASPIRE AERONAUTICA will promptly remove you from ALL non-essential correspondence.

 

  1. What choices do you have regarding the collection, use, and distribution of your personal information?

ASPIRE AERONAUTICA allows you to control the way that we use personally identifying information that we might obtain. At the time you provide personal information, ASPIRE AERONAUTICA may give you the option of declining any future offers or information about new products, promotions, or services. In addition, many of the “communications” ASPIRE AERONAUTICA may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings. Lastly, you may be given the opportunity to “opt-out” of certain features or functionality. See the applicable feature’s FAQ or information page for more details.

Your browser may allow you to set a Do Not Track (DNT) signal indicating that you do not wish your online activity to be tracked. Currently, ASPIRE AERONAUTICA’s system does not support and cannot act on DNT signal headers that it may receive. However, the choices that ASPIRE AERONAUTICA provides you concerning the collection and use of your personal information will continue to operate as described in this Privacy Policy.

CalOPPA. CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. To learn more, please visit http://consumercal.org/california-online-privacy-protection-act-caloppa/

According to CalOPPA, ASPIRE AERONAUTICA agrees to the following:

  • You can visit our site anonymously.
  • You will be notified of any Privacy Policy changes:
  • On ASPIRE AERONAUTICA’s Privacy Policy Page
  • You can change your personal information by emailing ASPIRE AERONAUTICA or by logging in to your account if you have one

 

  1. How do we store your data?

ASPIRE AERONAUTICA securely stores your data on the Google Cloud Platform and Google Workspace services, located in datacenters across the globe. All data is encrypted at rest, and all reasonable security precautions are taken to prevent data exfiltration, by following best practices of the systems we use. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

ASPIRE AERONAUTICA’s website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to the ASPIRE AERONAUTICA site as safe as possible. ASPIRE AERONAUTICA also uses regular Malware Scanning.

ASPIRE AERONAUTICA implements a variety of security measures when you place a request, enter, submit, or access your information to maintain the safety of your personal information.

ASPIRE AERONAUTICA will keep the data you provide in Section 1 of this Policy until you no longer wish to use ASPIRE AERONAUTICA’s services and request that your data be removed, or if ASPIRE AERONAUTICA terminates your account for failure to abide by the ASPIRE AERONAUTICA User Agreement. Once you have requested that your data be deleted, or if ASPIRE AERONAUTICA terminates your account for failure to abide by the ASPIRE AERONAUTICA User Agreement, we will delete your data by removing it entirely from ASPIRE AERONAUTICA’s servers.

However, due to legal reporting requirements, local law, and to ensure non-interruption of service, ASPIRE AERONAUTICA may keep an offline and secure backup of all network data.

 

  1. What are your data protection rights?

ASPIRE AERONAUTICA would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

  • The right to access – You have the right to request ASPIRE AERONAUTICA for copies of your personal data. We may charge you a small fee for this service, if applicable.
  • The right to rectification – You have the right to request that ASPIRE AERONAUTICA correct any information you believe is inaccurate. You also have the right to request ASPIRE AERONAUTICA to complete information you believe is incomplete.
  • The right to erasure – You have the right to request that ASPIRE AERONAUTICA erase your personal data, under certain conditions.
  • The right to restrict processing – You have the right to request that ASPIRE AERONAUTICA restrict the processing of your personal data, under certain conditions.
  • The right to object to processing – You have the right to object to ASPIRE AERONAUTICA’s processing of your personal data, under certain conditions.
  • The right to data portability – You have the right to request that ASPIRE AERONAUTICA transfer the data that we have collected to another organization, or directly to you, under certain conditions.

In most cases, we have automated the ability to exercise these rights through the ASPIRE AERONAUTICA user profile settings page; however, if the right you wish to exercise is not automated, please contact us at our email: info@aspireaeronautica.aero or write to us at:

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

If you make a request via email or regular mail, we have one month to respond to you from the time of receipt.

 

  1. What do you do if you want to correct or delete your personal information?

If for any reason you are concerned with the way we are using your personal information, or would like to correct or request that we delete such personal information, please first attempt to use our automated tools located on the ASPIRE AERONAUTICA user profile settings page. If you are unable to find a solution there, please contact us at our email: info@aspireaeronautica.aero or write to us at:

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

If you make a request via email or regular mail, we have one month to respond to you from the time of receipt.

In some cases, we may not be able to delete your personal information and will retain and use our information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.

Please note that the deletion of your data will lead to the termination of your account and all applicable services.

 

  1. What are cookies?

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit ASPIRE AERONAUTICA’s websites, ASPIRE AERONAUTICA may collect information from you automatically through cookies or similar technology.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

For further information, visit https://www.allaboutcookies.org/.

 

  1. How do we use cookies?

ASPIRE AERONAUTICA uses cookies in a range of ways to improve your experience on ASPIRE AERONAUTICA’s website and network, including:

  • Keeping you signed in;
  • Understanding how you use ASPIRE AERONAUTICA’s website;
  • Authenticating you into various ASPIRE AERONAUTICA services.

 

  1. What types of cookies do we use?

There are several different types of cookies used on the Internet today. Our website uses the following:

  • Functionality – ASPIRE AERONAUTICA uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
  • Advertising – ASPIRE AERONAUTICA uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and your IP address. ASPIRE AERONAUTICA sometimes shares limited aspects of this data with third parties for advertising purposes. ASPIRE AERONAUTICA may also share online data collected through cookies with its advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on ASPIRE AERONAUTICA’s website.

 

  1. California Privacy Rights

Under California law, ASPIRE AERONAUTICA’s users that are California residents may request certain information regarding our disclosure of their personal information to third parties for direct marketing purposes. As detailed above, ASPIRE AERONAUTICA does not share its users’ personal information with any third parties for direct marketing purposes without their approval.

If at any time you do not wish to have your personal information shared with third parties and/or receive information from ASPIRE AERONAUTICA (via e-mail) about new products, services, or promotions, you can opt-out by visiting your ASPIRE AERONAUTICA user profile settings page and updating your preferences. You may also contact us at our email: info@aspireaeronautica.aero or write to us at:

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

Please indicate what publications or services you no longer wish to receive so that ASPIRE AERONAUTICA may better address your needs.

 

  1. California Privacy Rights for Minors

California residents under the age of 18 have the right to remove, or request the removal of, content or information they have posted to the message boards or forums. This request can be made by contacting us at our email: info@aspireaeronautica.aero or write to us at:

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

Please again be advised that any information posted to the message boards or forums is publicly viewable. ASPIRE AERONAUTICA strongly recommend that all users avoid posting personal or sensitive information at any time.

Please note that residual copies of content and/or information that have been deleted may remain on ASPIRE AERONAUTICA’s backup servers. ASPIRE AERONAUTICA is not required to remove posted content or information if it has been rendered anonymous or if it is required by law to retain it. Additionally, ASPIRE AERONAUTICA does not have control over third parties (e.g., other users) who may have copied or reposted the content or information.

 

  1. What about children?

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. ASPIRE AERONAUTICA does not specifically market to children under the age of 13 years old.

 

  1. Children Under 13

Once a child states that his/her age is under 13, they will be unable to register an account with ASPIRE AERONAUTICA and if the account already exists on our servers, it will be deleted. ASPIRE AERONAUTICA does not knowingly collect or store any personally identifiable information from children under 13. If parents believe that ASPIRE AERONAUTICA may have unintentionally collected their children’s personal information, they may request the deletion of the information by contacting ASPIRE AERONAUTICA at our email: info@aspireaeronautica.aero or writing us at:

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

To learn more, please see the ASPIRE AERONAUTICA Minor’s Policy, below.

 

  1. A Note to Parents from ASPIRE AERONAUTICA

ASPIRE AERONAUTICA recognizes a special obligation to protect personal information about young children. ASPIRE AERONAUTICA urges parents to instruct their children to never give out their real names, addresses, or phone numbers without permission when on-line. Teenagers under the age of 16 and over the age of 13 should encourage their parents to review this policy and to contact ASPIRE AERONAUTICA if they would like to evoke our opt-out policy or to raise any concerns.

 

  1. Privacy Policies of Other Websites

ASPIRE AERONAUTICA’s website contains links to other websites. ASPIRE AERONAUTICA’s privacy policy applies only to the ASPIRE AERONAUTICA website, so if you click on a link to another website, you should read their privacy policy.

 

  1. Changes to ASPIRE AERONAUTICA’s Privacy Policy

ASPIRE AERONAUTICA keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 29 March 2021.

 

  1. How to contact ASPIRE AERONAUTICA?

If you have any questions about ASPIRE AERONAUTICA’s privacy policy, the data ASPIRE AERONAUTICA holds on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact ASPIRE AERONAUTICA.

Email us at: info@aspireaeronautica.aero

Aspire Aeronautica Inc.
20995 Skywest Drive, Building 23
Hayward, CA 94541

 

  1. How to contact the appropriate authorities?

Should you wish to report a complaint or if you feel that ASPIRE AERONAUTICA has not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office for your specific country.

 

  1. What happens if there is a data breach?

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • ASPIRE AERONAUTICA will notify you via email within one (1) business day
  • ASPIRE AERONAUTICA will also notify all users via the in-site notifications system within one (1) business day

ASPIRE AERONAUTICA also agrees to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CHANGES IN TERMS

We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Sites; charge fees in connection with the use of certain aspects of one or more Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that neither we nor any of our affiliates or subsidiaries shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature, or product offered through the Sites.

 

MOBILE DEVICES

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Sites on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device.

WE ARE NOT RESPONSIBLE IF THE SITES ARE UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS SITE CONTENT, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE SITES BEING UNAVAILABLE. WE MAY USE YOUR ELECTRONIC CONTACT INFORMATION TO SEND YOU COMMUNICATIONS

 

EQUIPMENT

You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Sites.

 

SURVEYS

From time-to-time we may request information from you via survey. Participation in these surveys is completely voluntary and you have a choice whether or not to disclose the requested information, which may include contact information (name and address) and demographic information (zip code and age level). Feedback collected by these surveys will be used for purposes of monitoring or improving use of the Sites, and as specifically described in the survey itself. Personal information gathered from surveys will be protected as described in our Privacy Policy.

 

SPECIAL PROMOTIONS

ASPIRE AERONAUTICA may from time to time provide certain promotional opportunities, sweepstakes, lotteries, and contests to Users. All such promotions will be run at the sole discretion of ASPIRE AERONAUTICA, and can be activated, modified or removed at any time by ASPIRE AERONAUTICA without advance notification and the liability of any of ASPIRE AERONAUTICA’s partners pursuant to such promotional opportunities, sweepstakes, lotteries and contests shall be limited pursuant to the “Limitation of Liability” section of these Terms set forth below.

 

ACCESSIBILITY OF SITES

From time to time the Sites may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment or software malfunctions; (ii) periodic update, maintenance procedures or repairs; or (iii) causes beyond the control of ASPIRE AERONAUTICA. Access to the Sites is provided over various facilities and communications lines beyond ASPIRE AERONAUTICA’s control.

 

CONTENT ON THE SITES

Your License to Use the Sites:

Subject to the Terms and conditions herein, ASPIRE AERONAUTICA hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites to the extent permitted by their intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Sites, including any functionality therein, through the certified applications or intended methods that ASPIRE AERONAUTICA makes available to you. Any access or use of the Sites or any content therein through an application, service, or method provided by a party other than ASPIRE AERONAUTICA is strictly prohibited outside the scope of the license granted herein. ASPIRE AERONAUTICA may revoke and/or terminate the foregoing license with respect to any aspect of the Sites at any time, for any or no reason. ANY USE OF THE SITES AND THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

Ownership Rights:

The Sites contain postings, text, images, messages, files, and other information and materials for download and viewing by individual Users, made available by ASPIRE AERONAUTICA, other Users, and advertisers, sponsors and other content contributors (“Content Contributors”). Portions of the Sites authored by ASPIRE AERONAUTICA or its authorized agents, contractors, and employees are referred to as “ASPIRE AERONAUTICA Content.” Portions of the Sites authored by Users are referred to as “User Content.” Portions of the Sites authored by other Content Contributors are referred to as “Third Party Content.”

All ASPIRE AERONAUTICA Content on the Sites, including but not limited to photographs, videos, artwork, written text, graphics, designs, HTML, look and feel, software, typefaces, trademarks, and logos, is protected by federal and international trademark, copyright and other intellectual property laws and is the sole property of ASPIRE AERONAUTICA or its suppliers. ASPIRE AERONAUTICA Content is protected in all forms, media and technologies now known or hereinafter developed. ASPIRE AERONAUTICA owns the coordination, selection, arrangement and enhancement of such ASPIRE AERONAUTICA Content as a Collective Work under the United States Copyright Act, as amended. No portion of the ASPIRE AERONAUTICA Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of ASPIRE AERONAUTICA. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Sites without ASPIRE AERONAUTICA’s express prior written consent and, if applicable, the holder of the rights to the User Content. With respect to ASPIRE AERONAUTICA Content, any rights not expressly granted by these are reserved by ASPIRE AERONAUTICA. Although ASPIRE AERONAUTICA attempts to ensure the accurateness of the ASPIRE AERONAUTICA Content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the ASPIRE AERONAUTICA Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to ASPIRE AERONAUTICA Content by third parties. In the event that an inaccuracy arises, please inform ASPIRE AERONAUTICA so that it can be addressed. Information contained on the Sites may be changed or updated without notice.

The trademarks of ASPIRE AERONAUTICA, including without limitation “ASPIRE AERONAUTICA”, “Positive Control”, “ASPIRE AERONAUTICA POSITIVE CONTROL NETWORK”, and the ASPIRE AERONAUTICA logos appearing on the Sites are trademarks owned by ASPIRE AERONAUTICA. Any other trademarks, service marks, logos and/or trade names appearing via the Sites are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Use of User Content and Third Party Content: 

All User Content and Third Party Content on the Sites are the responsibility of their respective owners. ASPIRE AERONAUTICA is not responsible for User Content and Third Party Content, and the views and opinions expressed in User Content and Third Party Content are not necessarily those of ASPIRE AERONAUTICA. ASPIRE AERONAUTICA cannot, and does not, review User Content or Third Party Content before they are made accessible through the Sites. Nevertheless, please be advised that User Content and Third Party Content may be protected by federal and international copyright, trademark or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third Party Content may be limited accordingly.

Your Physical Likeness:

Each User who provides to ASPIRE AERONAUTICA any photograph, video or other reproduction of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in connection with their use of the Sites hereby irrevocably grants to ASPIRE AERONAUTICA the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  1. Use, reproduce, modify, or creative derivatives of such Physical Likeness, in and in connection with the exhibition, distribution, display, performance, transmission, and/or broadcasting on any and all media, including, without limitation, the Internet;
  2. Use, and permit to be used, such Physical Likeness in the advertising, marketing, and/or publicizing of the Sites in any media; and
  3. Use, and permit to be used, such User’s name and identity in connection with the Sites.

Each User hereby waives all rights and releases ASPIRE AERONAUTICA from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s Physical Likeness in connection with the Sites. Each User acknowledges that ASPIRE AERONAUTICA shall not owe any financial or other remuneration for using the Physical Likeness provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that ASPIRE AERONAUTICA is not responsible for any expense or liability incurred as a result of such User’s Physical Likeness or participation in any recordings, including any loss of such recording data.

Your Content:

Any information and materials you provide to ASPIRE AERONAUTICA in connection with the use of Products and/or Services or your registration for the Sites, any change or update made to your account information, and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link to the Sites (collectively, “Your Content”) are your sole responsibility. ASPIRE AERONAUTICA and the Sites merely provide a means for the transmission and dissemination of Your Content. ASPIRE AERONAUTICA acts merely as a passive conduit for your online distribution and publication of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SITES ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL ASPIRE AERONAUTICA BE LIABLE IN ANY WAY FOR YOUR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR CONTENT OR YOUR ACTIVITIES IN CONNECTION WITH THE SITES.

We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request. By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, store, edit, publish, post, transmit, prepare derivative works, delete and distribute Your Content in whole or in part in connection with the Sites and to promote ASPIRE AERONAUTICA, the Products and Services, and the Sites in general.

Your Account:

If you are permitted to and choose to create an account on the Sites, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.

Reviews:

The Sites may allow for you to post reviews about content, Products and Services. By leaving a review, you acknowledge that:

  1. Reviews are opinions and not the opinion of ASPIRE AERONAUTICA, and have not been verified or approved by ASPIRE AERONAUTICA;
  2. Your review may be publicly displayed on the Sites;
  3. ASPIRE AERONAUTICA has a right to edit, delete, hide modify, copy, distribute and create derivate works of any review you post to the Sites;
  4. Reviews may not contain private information, obscene, racist, or harassing language or imagery, or advertising or spam; and
  5. Reviews may not be about things outside of ASPIRE AERONAUTICA’s control.

Extortion is not allowed on ASPIRE AERONAUTICA. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited. Shilling is also not allowed on ASPIRE AERONAUTICA. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the User.

 

USER CONDUCT AND OTHER IMPORTANT RULES FOR USE OF THE SITES

Acceptable Use:

By using any Products or Services and/or otherwise using the Sites, you agree that:

  1. You will only use the Sites and any Products or Services obtained through the Sites for your personal and sole non-commercial use;
  2. You will not authorize others to use your account;
  3. You will not assign or otherwise transfer your account to any other person or legal entity;
  4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  5. You will not use any of Sites for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
  6. You will not use the Sites to cause nuisance, annoyance, or inconvenience;
  7. You will not try to harm the Sites in any way whatsoever;
  8. You will not copy or distribute the Sites or any ASPIRE AERONAUTICA Content without written permission from ASPIRE AERONAUTICA;
  9. You will keep secure and confidential your account password or any identification we provide you which allows access to any of the Sites;
  10. You will provide us with whatever proof of identity we may reasonably request;
  11. You will only use an access point or other data account which you are authorized to use;
  12. You will not use any of the Sites with an incompatible or unauthorized device;
  13. You will not use or introduce into the Sites any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Sites, servers, or networks connected to the Sites, crack passwords or security encryption codes, or take any other action that interferes with any other person’s use of the Sites;
  14. You will not use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
  15. You will not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code of the Sites, or any ideas, the Products or Services, designs or information available through the Sites or on which the Sites or the Products or Services are based;
  16. You will not use any Product or Service obtained through the Sites or any content made available through the Sites in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
  17. You will not use the information in the Sites to create or sell a similar service or product as the Services or Products which are made available through the Sites;
  18. You will not send unsolicited advertising or promotions, requests for donations, or spam;
  19. You will not harass or abuse another User; and
  20. You will not attempt to arrange business transactions with other Users that take place outside the venue of the Sites.
  21. You understand that the information contained in the Sites, and ASPIRE AERONAUTICA as whole, is/are not intended for use in flight, air traffic control, or other aviation training, nor can the information contained therein be considered accurate or current.
  22. You will not create duplicate user accounts without ASPIRE AERONAUTICA’s express written authorization for any purpose. Any unauthorized duplicate accounts, in addition to the main or earliest in time account, may be removed by ASPIRE AERONAUTICA with or without notice for any reason.

 Deactivation of Your Account:

We may modify, suspend, or close your account or otherwise stop providing the Sites in whole or in part at any time and for any reason, including if you do not comply with any of the above rules, or the ASPIRE AERONAUTICA Privacy Policy. We will not be liable to you or any third party for suspension or termination of the Sites or your account. You will not be able to access any information in your account once your access has been suspended or terminated or the Sites themselves have been shut down. YOU ARE RESPONSIBLE FOR MAKING SURE YOUR CONTENT AND OTHER INFORMATION YOU DESIRE IS PROPERLY BACKED UP SO YOU HAVE ACCESS TO IT IN THE EVENT OF LOSS, CORRUPTION, OR CESSATION OF THE SITES, YOUR LISTING, OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT. WE DO NOT EXPORT YOUR CONTENT, YOUR INFORMATION, OR OTHER DATA DURING YOUR USE OF THE SITES, OR PROVIDE YOUR CONTENT, INFORMATION, OR OTHER DATA TO YOU WHEN YOUR ACCOUNT IS CLOSED.

 

DISCLAIMER OF WARRANTIES

USE OF THE SITES, PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

Sites Disclaimer. THE SITES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITES IS AT YOUR SOLE RISK. ASPIRE AERONAUTICA DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES ASPIRE AERONAUTICA MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES. ASPIRE AERONAUTICA MAKES NO OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, OR TIMELINESS, IN RELATION TO THE SITES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE SITES OR ANY INFORMATION THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.

Product & Service Disclaimer. THE PRODUCTS AND SERVICES, AND THE INFORMATION AVAILABLE THROUGH THE SITES, MAY NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, ALL PRODUCTS AND SERVICES USED OR OTHERWISE OBTAINED FROM ASPIRE AERONAUTICA ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.

 

LIMITATIONS OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES, THE SITES, SITE-RELATED CONTENT OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS OR SERVICES IS THE REFUND/RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, ANY SITE CONTENT, OR ANY LINKED WEBSITES IS TO STOP USING THE SITES, SITE CONTENT, OR LINKED WEBSITES.

IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL ASPIRE AERONAUTICA BE LIABLE FOR ANY DAMAGES RELATING TO PRODUCTS OR SERVICES OR THESE TERMS IN AN AMOUNT GREATER THAN THE AGGREGATE NET PURCHASE PRICE YOU PAID, IF ANY, FOR THE PRODUCTS OR SERVICES. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.

 

RELEASE AND INDEMNIFICATION

By purchasing and using any Products or Services obtained through the Sites, and/or otherwise using the Sites, you agree to release, defend, indemnify and hold harmless ASPIRE AERONAUTICA and its officers, members, directors, employees, affiliates, contractors, licensors and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) Your Content; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of ASPIRE AERONAUTICA or third parties; (e) any negligence or willful misconduct by you; (f) any claims of personal injury, death, loss or damages arising from or in connection with any Products or Services; or (g) your interaction with any other User. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

INFRINGEMENT

It is ASPIRE AERONAUTICA’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. ASPIRE AERONAUTICA will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of ASPIRE AERONAUTICA’s intellectual property rights by any User will result in the immediate termination of that User’s access to the Sites.

If ASPIRE AERONAUTICA removes or disables access to User Content or Third Party Content according to these Terms, ASPIRE AERONAUTICA may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the User Content or Third Party Content. However, ASPIRE AERONAUTICA reserves the right to withhold access to and/or not replace the User Content or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.

 

REPORTING COPYRIGHT INFRINGEMENT

If you believe someone is using your copyrighted work without your permission on any of the Sites, you may contact our Designated Copyright Agent using the following contact information:

  • Aspire Aeronautica Inc., 20995 Skywest Drive, Building 23, Hayward, CA 94541
  • Email: info@aspireaeronautica.aero

We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:

  1. Your address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

OTHER WEBSITES

ASPIRE AERONAUTICA makes no representations whatsoever about any other website that you may access though the Sites. When you access a non-ASPIRE AERONAUTICA website, please understand that it is independent from ASPIRE AERONAUTICA, and that ASPIRE AERONAUTICA has no control over the content on that website. In addition, a link to a non-ASPIRE AERONAUTICA website does not mean that ASPIRE AERONAUTICA endorses or accepts any responsibility for the content, or the use, of the linked website. You must ensure that whatever you select for your use or download from that website is free of items such as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

 

OUR COMMUNICATIONS

The e-mail address you provide during the account registration process will be used for all Site-related communications to you. We may also send you messages via your account for the Sites. It is your responsibility to monitor these messages and respond in an appropriate manner. Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Sites is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.

You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. All communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send a request to:

  • Aspire Aeronautica Inc., 20995 Skywest Drive, Building 23, Hayward, CA 94541
  • Email: info@aspireaeronautica.aero

 

CHOICE OF LAW AND VENUE

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITES. These Terms are entered into in the State of California, U.S.A., and are governed by the laws of the State of California, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF PHILADELPHIA IN THE STATE OF PENNSYLVANIA, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

 

RESTRICTION ON COMMERCIAL USE

 Other than as specifically permitted elsewhere in these Terms, you may not use any of the Sites and any Site-related services for commercial purposes, including but not limited to the provision of flight training, the sale of services derived either in whole or in part by any of the Sites and Site-related services, or for commercial entertainment purposes. You also may not use the Sites and any Site-related services in the sale of any commercial merchandise whatsoever. ASPIRE AERONAUTICA reserves the right to license the Site and any Site-related services to third parties for commercial purposes.

 

ENTIRE AGREEMENT

Except as expressly stated elsewhere in these Terms, these Terms constitute the entire agreement between ASPIRE AERONAUTICA and you pertaining to the subject matter described in these Terms. Your use of the Sites and any Site-related services is also subject to our Privacy Policy, applicable End User License Agreements (“EULA”), Member Conduct policy, Content Guidelines, Pilots Policy, all of which can be found at LINK HERE. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.