Aviation Training Partners International Inc.™
TERMS OF USE
Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the Site or any of the Services. ATPI may, in its sole discretion, modify any of the ATPI Terms, including without limitation, this Agreement, from time-to-time, and may modify, suspend, or terminate the ATPI Site and Services, for any reason, and without notice. ATPI recommends that you review the ATPI Terms from time to time to note any changes. By continuing to use or access the Site or any of the Services, you agree to be bound by all ATPI Terms in effect at the time of such use or access. Note that any violation of the ATPI Terms may result in termination of the Service to you. If you have questions about the ATPI Terms, please contact us at info@aviationtpi.com.
BY COMPLETING THE REGISTRATION PROCESS OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL ATPI TERMS. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE ATPI SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE ATPI TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY. ATPI MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. FOR ATPI VISITORS, THIS AGREEMENT APPLIES ONLY TO YOUR CURRENT VISIT AND THE FRUITS THEREOF - PLEASE CHECK THIS AGREEMENT AGAIN ON YOUR NEXT VISIT FOR ANY RECENT MATERIAL CHANGES.
1. DESCRIPTION OF SERVICES
We make available to you on the ATPI Site certain resources, including, but not limited to, software applications to identify, evaluate, and potentially enhance career decisions, activities, behaviors, plans and goals ("Software"), and diagnostic reports based on your use of the Software ("Reports"), as well as additional information, content and tools that we hope may be of interest to you. The Software, the Reports and such additional information, content and tools will be collectively referred to in this Agreement as "ATPI Content". Unless explicitly stated otherwise, any new features or functionalities made available on the ATPI Site are subject to this Agreement and shall be considered as ATPI Content.
2. REGISTRATION
If you want to access or use certain information, content, or tools on the ATPI Site you may be required to register for a ATPI account. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. Please do not choose as a login name an email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations. You are responsible for safeguarding the password that you use to access the ATPI Site and you agree not to disclose it to any third party. You hereby take responsibility for all actions taken under your account by you or any third parties. You will notify ATPI immediately of any unauthorized use of your account.
3. WHAT YOU MUST NOT DO
You agree to use the ATPI Site and the Services only in accordance with the terms and conditions of this Agreement (and the ATPI Terms, if applicable), as well as any and all applicable laws and regulations. While using the Services you will not (i) engage in any illegal acts or acts which are offensive to others, or (ii) violate any personal or property rights of any third party, including, but not limited to, intellectual property rights. Furthermore, you will not:
(a) Copy, modify, adapt, translate, or otherwise create derivative works of the Services or the Software, or (except as explicitly permitted herein) the ATPI Content;
(b) Reverse engineer, de-compile, disassemble, or otherwise attempt to discover any measurement systems used by ATPI;
(c) Rent, lease, sell, assign, or otherwise transfer rights in or to the Services or the Software;
(d) Post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the Software.
(e) Circumvent, disable, or otherwise interfere with security-related features of Services or the Software, or features that prevent or restrict use or copying of any ATPI Content;
(f) Upload, stream, email, or otherwise transmit (i) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid" or similar schemes, or any other form of solicitation or (ii) any viruses or other computer code that could interrupt, destroy, or limit the functionality of the Services or the Software, infect or damage another user's computer, or interfere with the access of any other user to the Services or the Software;
(g) Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the ATPI Site and any ATPI Content;
(h) Represent that ATPI endorses or supports your site or content;
(i) Obtain any information or materials relating to the Services or the ATPI Site or through any means not intentionally made available by ATPI to you, or attempt to gain unauthorized access to the Services or the ATPI Site, or any technology, computer systems, or networks associated with the Services or the ATPI Site, or attempt to index, search, or crawl the Services or the ATPI Site with any automated process or other similar mechanism.
ATPI may terminate or suspend your ATPI account and your access at any time without notice including without limitation in response to a suspected violation of any of the foregoing prohibitions.
4. AGE REQUIREMENTS
To become a Registered User of the ATPI Site and the Services, you must be 18 years or over.
5. PRIVACY POLICY AND INFORMATION DISCLOSURE
ATPI's Privacy Policy is located at the URL www.aviationtpi.com/privacy (Privacy Policy). ATPI believes strongly in protecting the privacy of ATPI Visitors and Registered Users using the Service. The Privacy Policy governs your use of the Site and/or Service.
6. PAYMENT METHOD, REFUNDS
A valid credit card is required for all subscription to the ATPI Services unless prior arrangements are mutually made in writting. The ATPI Services are billed in advance and in-full prior to your access or usage of the ATPI Services. ALL AMOUNTS PAID BY YOU ARE NON-REFUNDABLE AND YOU WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT OF ANY AMOUNTS PAID BY YOU FOR THE SERVICES.
7. ELECTRONIC COMMUNICATIONS
By using the Services, you consent to receiving electronic communications from ATPI. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8. COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS
Unless otherwise specified, all information appearing on the ATPI Site including the ATPI Content, documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of ATPI and its licensors. ATPI and ATPI trade names, logos and slogans, including without limitation are trademarks owned by ATPI. All other trademarks, logos and service marks displayed on the ATPI Site are the property of their respective owners. ATPI provides products, content and services through the ATPI Site, including content, trademarks, logos, graphics and images, video and audio that are copyrighted work of ATPI or ATPI's licensors. You agree that you have no right to copy, reproduce, edit, modify any these materials. You agree that you have no right, title or interest in the ATPI Site, the Services, the ATPI Content or any other content or services provided on the ATPI Site. All rights not expressly granted herein are reserved.
By visiting the ATPI Site, you also hereby acknowledge and agree that, unless otherwise expressly stated to the contrary in a written agreement executed by each of you and the ATPI, in the event you communicate with ATPI (by any means) concerning any proposed modifications, ideas, concepts, enhancements or recommendations concerning the ATPI Site, the ATPI Services, the ATPI Content, Software or the ATPI business, ATPI shall be deemed to be the sole owner of any such modifications, ideas, concepts, enhancements or recommendations by you and ATPI shall not be required to pay you any compensation whatsoever with respect to the same. You hereby assign, all right, title and interest worldwide in and to these modifications, ideas, concepts, enhancements or recommendations, and all related intellectual property rights in perpetuity throughout the universe, to ATPI.
9. YOUR CONTENT
Any content created by you when utilizing the ATPI Site, the ATPI Services or the Software, including without limitation, your assessment responses, blueprint inputs, emails, video/intercom/chat interactions, communications and/or suggestions for enhancements or modifications to the ATPI Site, the ATPI Services or the ATPI business ("User Content"), including all right, title and interest in all intellectual property rights pertaining to the User Content, shall be owned by ATPI. By visiting or signing up as a Registered User, you hereby assign and convey to ATPI all right, title and interest in all intellectual property rights concerning such User Content.
10. THIRD PARTY WEBSITES/SERVICES
The ATPI Site contains access to other Internet sites and services owned and maintained by third parties (each, a "Third Party Websites/Services") and may also contain links and pointers to such Third Party Websites/Services. Examples of Third Party Websites/Services include, payment processors, hosting services, audio and video hosting providers, content management systems, and customer relationship management systems. You hereby acknowledge and agree that ATPI does not operate or control any Third Party Website/Services or any of the information, products or services offered in connection with the Third Party Websites/Services and therefore ATPI shall not be responsible for any/all errors or faults with respect to any Third Party Websites/Services, and ATPI hereby expressly disclaims any and all representations or warranties with respect to any and all Third Party Websites/Services. You further acknowledge that your usage of any and all Third Party Websites/Services shall be governed by such Third Party Website/Services operator's terms of service, privacy policy and related polices governing usage of their services (and not these ATPI Terms) and your usage of such Third Party Website/Services shall represent your agreement to be legally bound by any and all agreements and polices governing those services. All Third Party Websites/Services (and all links and pointers thereto) included on the ATPI Site or as part of the ATPI Services are included solely for your convenience. In no event shall any reference to any Third Party Website/Services be construed as an approval or endorsement by ATPI of such third party, such Third Party Website/Services or of any products or services provided by such third party.
11. LINKS TO THIRD PARTY SITES
Any Web site that links to ATPI (1) may link to, but not replicate, any portion of the Site; (2) may not imply that ATPI is endorsing such Web site or its services or products, unless otherwise expressly agreed by ATPI; (3) may not misrepresent its relationship with ATPI; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray ATPI or the ATPI Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate ATPI with undesirable products, services, or opinions; and (6) may not use any ATPI trademark or service mark without our express written permission. ATPI may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
12. MODIFICATION OF THE ATPI SITE AND SERVICES
ATPI reserves the right, in its sole discretion, to modify or discontinue the ATPI Site and Services without notice.
13. EXPORT LAWS
The Software is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
14. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless ATPI, its subsidiaries, their affiliates and each of their respective officers, directors, employees, shareholders, members, managers, agents, contractors, successors and/or assigns (each an "Indemnified Party") from and against any and all claims, suits, damages, losses, liabilities, penalties, actions, proceedings, judgments, settlements, and any and all expenses and costs related thereof and demands thereof of any type and nature (whether actual or alleged, known or unknown, disclosed or undisclosed), including without limitation costs and reasonable attorneys' fees that an Indemnified Party may incur, in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement or applicable law, rules, regulations or polices, (ii) arises from the content or information you post, transmit or store using the ATPI Services or the ATPI Site, including without limitation, any User Content; or (iii) arises from your activities or postings in connection with your use of ATPI Services or the ATPI Site as a ATPI Visitor or a Registered User. In addition, you acknowledge and agree that ATPI has the right to seek damages when you use ATPI Services or the ATPI Site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
15. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ATPI SITE AND THE ATPI SERVICES AND THE INFORMATION AVAILABLE THROUGH THE ATPI SITE AND THE ATPI SERVICES IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. ATPI DOES NOT WARRANT THAT THE ATPI SITE OR THE ATPI SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND ATPI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY INFORMATION AVAILABLE THROUGH THE ATPI SITE OR THE ATPI SERVICES. ATPI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE ATPI SITE AND THE ATPI SERVICES AND THE INFORMATION AVAILABLE THROUGH THE ATPI SITE AND/OR THE ATPI SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND ALL WARRANTIES REGARDING MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE INFORMATION AND CONTENT PUBLISHED BY ATPI ON THE ATPI SITE AND IN CONNECTION WITH THE ATPI SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. UNDER NO CIRCUMSTANCES SHALL ATPI BE HELD LIABLE FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS OR IN THE TRANSMISSION OF ANY USER DATA.
YOU USE THE ATPI SITE AT YOUR OWN RISK. YOUR USE OF THE DATA OR INFORMATION PROVIDED IN ACCORDANCE WITH (OR RESULTING FROM) YOUR USAGE OF THE ATPI SITE OR THE ATPI SERVICES IS ALSO USED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ATPI NOR ANY INDEMNIFIED PARTY (AS SUCH TERM IS DEFINED IN SECTION 14) SHALL BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE OR LOSS OF INCOME RESULTING FROM THE USE OF THE ATPI SERVICES OR THE ATPI SITE BY YOU OR ANY THIRD PARTIES OR ANY FAILURE OF THE ATPI SERVICES OR THE ATPI SITE (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS OR A FAILURE OF ATPI'S NETWORK, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ATPI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THE ATPI SERVICES OR THE ATPI SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ATPI'S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU AND ALL THIRD PARTIES UNDER THIS AGREEMENT AND IN RESPECT OF ALL ATPI SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU DURING THE ONE-YEAR PERIOD PRECEDING THE DATE UPON WHICH SUCH LIABILITY ACCRUED OR (II) SEVENTY-FIVE DOLLARS ($75.00).
ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE ATPI SERVICES OR THE ATPI SITE OR THIS AGREEMENT MUST BE FILED BY YOU WITHIN ONE (1) YEAR OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM OR SHALL BE BARRED FOREVER.
16. GOVERNING LAW, JURISDICTION, VENUE
THE ATPI TERMS, INCLUDING WITHOUT LIMITATION, THESE TERMS OF USE, USE OF THE ATPI SITE AND THE ATPI SERVICES AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU HEREBY (I) IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA LOCATED IN DUVAL COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THE ATPI TERMS, INCLUDING WITHOUT LIMITATION, THESE TERMS OF USE, USE OF THE ATPI SITE, USE OF THE ATPI SERVICES OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY YOU OR ATPI OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH FLORIDA STATE COURT OR TO THE FULLEST EXTENT PERMITTED BY LAW IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE, AND AGREE NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT YOU ARE NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.
17. GENERAL
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. ATPI may assign its rights and delegate its duties under this Agreement in their entirety at any time. Including without limitation, in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of ATPI at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. You hereby agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement and the ATPI Terms constitutes the complete and exclusive understanding and agreement between you and ATPI regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.