TERMS AND ACCEPTANCE
Aerolist in an online classified advertising resource for the aviation community, providing a platform for buyers and sellers of aviation products and services to exchange information and transact with one another (collectively, the “Service"). The Service is subject to the following Terms of Use ("TOU"). By accessing or using the Service in any way, you agree to comply with the TOU. You also agree to follow any applicable guidelines posted at the Aerolist website concerning any particular Aerolist service (collectively, “Guidelines”). Should you object to any term or condition of the TOU, Guidelines, or any subsequent modifications thereto, or should you become dissatisfied with Aerolist in any way, you agree that your only recourse is to immediately discontinue use of Aerolist. Aerolist may in its sole discretion enforce the TOU or Guidelines through any legal means it deems appropriate.
MODIFICATIONS TO TOU
Aerolist may in its sole discretion change, modify or otherwise alter the TOU or any Guidelines at any time. Such modifications are effective immediately when posted on the Aerolist website.
MATERIALS AND CONTENT
You understand that all advertisements, messages, images, text, video, sounds, or other materials (collectively, “Content”) posted on, transmitted through or linked from the Service are the sole responsibility of the person who posted, transmitted or linked such Content. You are solely responsible for each item of Content that you email, post, or otherwise make available by or through the Service (collectively, “Your Content”), including the reliance by other persons on Your Content. You understand that Aerolist is not responsible for, and does not control, Content (including Your Content) posted on, transmitted through or linked from the Service, and that by using the Service, you may be exposed to or induced by Content that is inaccurate, misleading, offensive, indecent or otherwise objectionable. Furthermore, the Aerolist site and Content available through the Service may contain links to other websites which are independent of and unrelated to Aerolist. Aerolist makes no representation or warranty as to the accuracy, authenticity, completeness or truth of the information contained in any such site, or of any Content. Your clicking on a link to any other websites is at your own risk. You acknowledge and agree that you bear all risks associated with the use of any Content and associated with Your Content, that you may not rely on Content, and that under no circumstances will Aerolist be liable in any way for any Content (including Your Content) or for any loss or damage of any kind incurred as a result of the use of any Content (including Your Content) emailed, posted, or otherwise made available via the Service. You acknowledge and agree that Aerolist does not pre-screen or approve Content or Your Content, but that Aerolist has the right, but not the obligation, in its sole discretion to refuse, delete or move any Content (including Your Content) that is available by or through the Service, for violating the letter or spirit of the TOU or for any other reason.
PRIVACY AND INFORMATION DISCLOSURE
Aerolist has established a Privacy Policy to explain to users how their information is collected and used. The most recent version of this Privacy Policy can be viewed at the following web address:
http://aerolist.org/about/privacy
Your use of the Aerolist website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Aerolist may, in its sole discretion, disclose or preserve Your Content, as well as your information, such as email addresses, timestamps, IP addresses, and other user information, if required to do so by law or in Aerolist’s good faith belief that such preservation or disclosure is reasonably necessary to comply with the law, respond to claims that any Content violates third-party rights, enforce the TOU or Guidelines, respond to claims that contact information of a third-party has been posted or transmitted without proper consent or as a form of harassment, protect or assert any rights of Aerolist or protect the personal safety of any officers, employees, agents or users of Aerolist or that of the general public.
LINKS TO AND INTERACTION WITH THIRD PARTY SITES AND CONTENT
The Aerolist site and Content available through the Service may contain features and functionalities that link you, or provide you with access to, third party content that is independent of any Content, including web sites, servers, networks, directories, systems, information and databases, programs, applications, software, files, products or services, and/or the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. You agree that Aerolist is not responsible or liable for, and you will not hold or attempt to hold Aerolist responsible or liable for, any loss or damage of any sort incurred as the result of any such interactions. If there is a dispute between users of the Aerolist site, or between users of the Aerolist site and any third party, you understand and agree that Aerolist is under no obligation to become involved, including under no obligation to indemnify you or anyone else. In the event that you have a dispute with one or more other users of the Aerolist site, you hereby release Aerolist, its officers, employees, agents, users, successors and assigns from all claims, demands, losses and damages (whether actual, consequential or incidental) of any kind, whether known or unknown, disclosed or undisclosed, arising out of or in connection with such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 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."
YOUR CONTENT
You agree that in using the Service or the Aerolist site, you will not to post, email, or otherwise make available by or through the Service Content that is: unlawful; harmful; threatening; abusive; harassing; defamatory; libelous; invasive of another's privacy; infringing on another’s intellectual property rights; harmful to minors in any way; pornographic or depicts a human being engaged in or suggesting they be engaged in any kind of sexual act or conduct; harassing; degrading; intimidating; hateful toward an individual or group of individuals on the basis of race, religion, gender, sexual orientation, ethnicity, age, or disability; violative of any statute, regulation, ordinance or court ruling (including, but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability); that unlawfully impersonates any person or entity, including, but not limited to, an Aerolist officer, employee, agent or user or that falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch"; that you do not have a right to make; that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if posted in areas of the Aerolist sites which are not designated for such purposes or emailed to Aerolist users who have not consented in writing to being contacted about other services, products or commercial interests; that includes links to commercial services or web sites except as allowed in these TOU; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; that contains software viruses, malware, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialog with an excessive amount of Content (“flooding attack”) to the Service or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
YOUR CONDUCT
You agree that in using the Service and/or the Aerolist site, you will not contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose; "stalk" or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service; post non-local or otherwise irrelevant Content; repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our Service infrastructure; post the same item or service at the same time in more than one classified category or forum or in more than one metropolitan area; attempt to gain unauthorized access to Aerolist's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Aerolist site; or use any form of automated device or computer program that enables the submission of postings on Aerolist without each posting being manually entered by the author thereof , including without limitation, the use of any such device or program to submit postings in bulk, or for automatic submission of postings at regular intervals; use any form of automated device or computer program that enables the use of Aerolist's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag, or use Aerolist’s flagging system to remove posts of competitors or to remove posts without a good faith belief that the post being flagged violates these TOU.
NO SPAM POLICY
You understand and agree that sending unsolicited Content to Aerolist email addresses or through Aerolist computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in any number of locations, but including Nevada & California. Any unauthorized use of Aerolist computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject you to civil and/or criminal penalties.
AEROLIST NEWSLETTER
By agreeing to accept the Aerolist Newsletter, users will receive a monthly update of the Aerolist website, and notifications of changes to the website. Occassionally, advertising and marketing information will be passed through to users via the Newsletter. Agreeing to accept the Aerolist Newsletter constitutes acceptance of any advertising and/or marketing it contains.
FEES
We may charge a fee to post Content in some areas of the Service. Such a fee is an access fee permitting Content to be posted in a designated area. All fees paid are non-refundable in the event that Content is removed from the Service in accordance with these TOU.
LIMITATIONS ON SERVICE
You acknowledge that Aerolist may establish limits concerning the use of or access to the Service, including the maximum number of days that Content will be posted, the maximum number and size of postings, email messages or other Content that may be transmitted or stored by the Service, and/or the frequency with which you may access the Service. You agree that Aerolist has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge and agree that Aerolist reserves the right at any time to modify or discontinue any or all of the Service with or without notice, and that Aerolist is not liable to you or to any third party for any modification, suspension or discontinuation of the Service.
ACCESS
Aerolist hereby grants you a limited, nonexclusive, revocable license to access the Service for your own personal use. This license does not include access to the Service by any agents (natural persons, electronic, or otherwise) , and does not include the right to any collection, aggregation, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Aerolist, with the exception of general purpose Internet search engines (not including any website or service that specializes in classified advertisement listings) and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from an IP address that is stable or a range of IP addresses using an easily identifiable agent. You may display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only. If the total number of such postings displayed or linked to on your website exceeds fifty (50) postings, your use will be presumed to be in violation of these TOU. You may also create a hyperlink to the home page of Aerolist sites so long as the link does not portray Aerolist, its officers, employees, agents, users or affiliates in a false, misleading, derogatory, or otherwise offensive matter. Aerolist offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. You may display, excerpt from, and link to such RSS feeds on your personal website or personal web blog, provided that your use of the RSS feed is for personal, non-commercial purposes only, each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, you provide proper attribution to “Aerolist” as the source, your use or display does not suggest that Aerolist promotes or endorses any third party causes, ideas, web sites, products or services, you do not redistribute the RSS feed, and your use does not overburden Aerolist's computer systems. Aerolist reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of these TOU immediately terminates all permissions and licenses granted to you by these TOU. In order to collect, aggregate, duplicate, display or make derivative use of the the Service or any Content made available via the Service for any purpose not stated herein, you must first obtain written permission from Aerolist.
TERMINATION
You acknowledge and agree that Aerolist has the right, but not the obligation, in its sole discretion to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of any or all of the Service , immediately and without notice, and remove and discard any Content (including Your Content) within the Service, for any reason, including, without limitation, if Aerolist believes that you have acted inconsistently with the letter or spirit of the TOU. You also acknowledge and agree that Aerolist is not responsible or liable to you or any third-party, and you will not hold or attempt to hold Aerolist responsible or liable to you, for any termination of your access to the Service. You acknowledge and agree not to attempt to use the Service after any such termination. The provisions of the sections of these TOU entitled “Modifications to TOU,” “Links to and Interaction with Third Party Sites and Content,” “Privacy and Information Disclosure,” “Fees,” “Limitations on Service,” “Access,” “Termination,” “Proprietary Rights,” “Warranty Disclaimer” and “Limitation of Liability” will survive any termination of the TOU pursuant to this section.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by applicable laws, including statutory and common copyright and trademark law and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of Content, the Aerolist site or the collective work, and/or copying or reproducing the Aerolist site or any portion thereof, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Aerolist. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Aerolist, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in or associated with the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Aerolist is a registered mark in the U.S. Patent and Trademark Office. Although Aerolist does not claim ownership of Content posted by its users, by posting Content to any public area of the Service you automatically grant, and you represent and warrant that you have the right to grant, to Aerolist an irrevocable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, display, distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of any of the foregoing. In addition, by posting Content to any public area of the Service, you automatically grant Aerolist all rights necessary to prohibit any subsequent aggregation, display, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE AEROLIST SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE AEROLIST SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING NO WARRANTY THAT THE AEROLIST SITE OR THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPUTER CODE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. AEROLIST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AEROLIST SITE AND THE SERVICE. AEROLIST DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AEROLIST SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE AEROLIST SITE. . Some jurisdictions do not allow the disclaimer of some of the above disclaimed implied warranties and in such jurisdictions, such disclaimers may not apply to you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL AEROLIST BE RESPONSIBLE OR LIABLE FOR, AND YOU WILL NOT HOLD OR ATTEMPT TO HOLD AEROLIST RESPONSIBLE OR LIABLE FOR, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF AEROLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF ANY ASPECT OF YOUR USE OF THE AEROLIST SITE OR THE SERVICE, WHETHER THE DAMAGES RESULT OR ARISE FROM YOUR OR A THIRD PARTY’S USE OR MISUSE OF THE AEROLIST SITE OR THE SERVICE, FROM YOUR OR A THIRD PARTY’S INABILITY TO USE THE AEROLIST SITE OR THE SERVICE, OR FROM ANY INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AEROLIST SITE OR THE SERVICE. THE FOREGOING LIMITATION ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AEROLIST SITE OR THE SERVICE OR ANY LINKS ON THE AEROLIST SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AEROLIST SITE OR THE SERVICE OR ANY LINKS ON THE AEROLIST SITE. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, some of the foregoing limitations of liability may not be permitted and in such jurisdictions, such limitations may not apply to you.
INDEMNITY
You agree to indemnify and hold Aerolist, its directors, officers, employees, agents, users, subsidiaries, affiliates, service providers, suppliers, successors and assigns harmless from and against any claim, loss, demand, cause of action, judgment, fine or fee (including reasonable attorneys’ fees and court costs) made, claimed, asserted or imposed by any third party due to or arising out of Your Content, your use of the Service, your violation of the TOU, your breach of any of the representations or warranties herein or otherwise made by you in connection with your use of the Service, or your violation of the rights of any third parties.
GENERAL INFORMATION
These TOU constitute the entire agreement between you and Aerolist, govern your use of the Service, and supersede any prior agreements (whether written or oral) between you and Aerolist. These TOU and the relationship between you and Aerolist are governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and Aerolist agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Las Vegas, Nevada for any disputes arising out of or in connection with these TOU. The failure of Aerolist to exercise or enforce any right or provision of the TOU does not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court may endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the TOU will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TOU; LIQUIDATED DAMAGES
Any violations of the TOU should be reported to Aerolist by flagging the posting(s) for review, or by using Aerolist’s feedback form: http://aerolist.org/about/contactAerolist’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You acknowledge and agree that, because damages are often difficult to quantify, if it becomes necessary for Aerolist to pursue legal action to enforce these TOU, you will upon your receipt of a second written from Aerolist be liable to pay Aerolist without unreasonable delay the following amounts as liquidated damages, which you accept as reasonable estimates of Aerolist's damages for the specified breaches of these Terms:
1. If you post a message that unlawfully impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity, or that includes personal or identifying information about another person without that person's explicit consent, one thousand dollars ($1,000) for each such message; 2. If Aerolist establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, two hundred dollars ($200) for each message posted in excess of such limits or for each day on which you access Aerolist in excess of such limits, whichever is higher; 3. If you send unsolicited email advertisements to Aerolist email addresses or through Aerolist computer systems, fifty dollars ($50) for each such email; 4. If you post Content that otherwise violates these TOU, or if the manner by which you post such Content violates these TOU, two hundred dollars ($200) for each such item of Content that is so violative; 5. If you aggregate, display, duplicate, reproduce, or otherwise exploit for any purpose any Content (except Your Content) in violation of these Terms without Aerolist’s express written permission, four thousand dollars ($4,000) for each day on which you engage in such conduct.Otherwise, you agree to pay Aerolist's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these TOU, and notwithstanding any obligation on your part to pay Aerolist any of the aforementioned liquidated damages, Aerolist retains the right to seek the remedy of specific performance of any term contained in these TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.