The following are terms of a legal agreement ("Agreement") between you and FlightProfiler, LLC. ("FlightProfiler"). By accessing, browsing and/or using this web site ("Site") you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that FlightProfiler may, in its sole discretion and without notice, revise these terms at any time by updating this posting. These Terms were last updated on June 25, 2014.
Copyrights and use of Site Content
FlightProfiler holds the copyright in all materials provided on this Site. None of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, taking screen-shots or otherwise, without the prior written permission of FlightProfiler. You may not "mirror" any material contained on this Site without FlightProfiler's express written permission. Any unauthorized use of the materials or services contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of FlightProfiler and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of FlightProfiler. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other FlightProfiler intellectual property displayed on this Site. FlightProfiler aggressively enforces its intellectual property rights to the fullest extent of the law. The name FlightProfiler or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from FlightProfiler. FlightProfiler also prohibits use of FlightProfiler or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by FlightProfiler in writing.
Use of Site Content
FlightProfiler hereby grants you a non-exclusive, non-transferable license for the term hereof to access the content and functionality displayed on the Site (the "Site Content") for your business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without FlightProfiler's prior written consent.
No Services, Endorsement or Professional Consultation
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that FlightProfiler's provision of this information to you does not constitute the rendering of professional flight guidance, meteorological guidance, risk management, consulting, legal, or other advice or services. Information on this Site should not be relied upon for making business, safety, flight, risk or other decisions or used as a substitute for consultation with professional advisors and professionals who understand the specifics associated with aviation, aircraft, risk management and flight operations. Moreover, FlightProfiler does not represent or endorse the accuracy or reliability of any data, facts, output, graphs, opinion, statement, or other information displayed, uploaded, downloaded, viewed or distributed through this Site, any user, information provider or any other person or entity. You acknowledge that any reliance upon such data, advice, statement or information shall be at your sole option and risk. Moreover, FlightProfiler does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that FlightProfiler promotes or endorses any flights, decisions, risks, causes, ideas, web sites, products or services.
Access to this Site
FlightProfiler may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLIGHTPROFILER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, FLIGHTPROFILER DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. FLIGHTPROFILER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FLIGHTPROFILER OR ANY OF ITS PARTNERS, TEAMMATES, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, EVEN IF FLIGHTPROFILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLIGHTPROFILER'S OR ANY OF ITS PARTNERS', TEAMMATES', PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless FlightProfiler and all of its partners, teammates, predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. FlightProfiler reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of The State of Ohio, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in The courts of the State of Ohio. You further agree and expressly consent to the exercise of personal jurisdiction in The State of Ohio in connection with any dispute or claim involving FlightProfiler. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Infringement Notices and Takedown
FlightProfiler prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright, you should notify FlightProfiler of your copyright infringement claim in accordance with the following procedure. FlightProfiler will process notices of alleged infringement, which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to...
c/o Site Designated Agent
Cincinnati, Ohio 45249
To be effective, the notification must be in writing and contain the information specified by DMCA, 17 U.S.C. §512(c)(3)
Third-Party Web Sites
Proprietary Information Policy
The information on this site is FlightProfiler proprietary information. Its use is solely and exclusively for customers and clients who have paid for access to the site and the benefit of its content.