Landmark Aviation Customer Web Site Agreement
General
Landmark Aviation is the trade name and service mark used by Garrett Aviation Services, L.L.C., Piedmont Hawthorne Aviation, L.L.C., Piedmont/Hawthorne Associated, Inc. and Piedmont/Hawthorne Canada, L.L.C.This Web site is provided by Landmark Aviation, including it's affiliates, ("Landmark Aviation") as an on-line information and communication service subject to your acceptance of the terms and conditions set forth in this agreement ("Agreement").
Please read this Agreement carefully before accessing, browsing or using this site ("Site"). By accessing or using the Site, you agree that you have read, understood and have become legally bound by the following terms and conditions. If you do not wish to be legally bound by these terms and conditions, you should not access or use this Site. Landmark Aviation may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
Operating Policy
Your participation in on-line communication occurs in real time and is not edited, censored, or otherwise controlled by Landmark Aviation. Landmark Aviation cannot and does not screen content provided by users of the Site; however, Landmark Aviation does reserve the right to monitor content on the Site and to remove content which Landmark Aviation, in its sole discretion, determines to be offensive, harmful, or otherwise in violation of this operating policy, applicable laws and regulations or Landmark Aviation's policies and procedures. In order to enhance our ability to maintain an informative and useful Site and avoid the damage that can result from disseminating harmful or unauthorized statements, you agree that you will not:- Post or transmit any message on or through the Site which is libelous, defamatory or which discloses personal or private matters concerning any person without their express consent. You may not post or transmit any message, data, image or program which is obscene, indecent, pornographic or profane or any other material which could give rise to any civil or criminal liability;
- Post or transmit any message on or through the Site which would violate the property rights of others, including unauthorized copyrighted text, images, programs, trade secrets or other confidential proprietary information, or trademarks or service marks used in an infringing fashion;
- Interfere with the use by others of the Site; or,
- Post or transmit any file which may contain viruses, worms or any other contaminating or destructive program.
Intellectual Property/Use of Information
The copyright in all material located on this Site is held by Landmark Aviation or the original creator of the material. All material is protected under the United States and worldwide copyright laws and treaty provisions or the original creator of the material. You agree to comply with all copyright laws worldwide when you access or use this Site.You are granted access to this Site and the information contained on it as a result a commercial relationship you have with Landmark Aviation which is governed by one or more existing agreements, including without limitation General Terms agreements, Service agreements or Maintenance agreements, which establish the legal framework under which you are authorized to utilize information provided to you by Landmark Aviation, through the use of this Site or otherwise. Accordingly, Landmark Aviation grants you a non-exclusive, non-transferable, limited right to access, use, display, download and print material from this Site and the materials located on it solely for those purposes authorized under the applicable, existing agreements which govern your commercial relationship with Landmark Aviation and to procure goods or services directly from Landmark Aviation. Any other copying, re-distribution, re-transmission, "mirroring" of material contained on this site on another server, or publication of downloaded material is strictly prohibited without the prior, written consent of Landmark Aviation and/or the original creator of such material.
"Landmark Aviation" is a registered trademark in the United States and other countries. Other trademarks or service marks which may appear in this Web site may be marks of Landmark Aviation or of third parties that are not affiliated with Landmark Aviation. Landmark Aviation and its affiliates do not control or endorse the content of third party Web sites. Except as expressly provided in this Agreement Landmark Aviation does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
Your Transmissions
Other than personal data Landmark Aviation may request from you that may be protected by our Online Privacy Policy above, Landmark Aviation does not want you to, and you should not, send any confidential or proprietary information to Landmark Aviation on the Site. If you do, you agree that any information or material that you provide to Landmark Aviation which is not protected by our Online Privacy Policy will be considered non-confidential and non-proprietary. By providing any such information or materials to Landmark Aviation, you grant to Landmark Aviation an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Landmark Aviation.Limitation of Liability
In no event will Landmark Aviation, its officers, directors, employees, agents, be liable to any person or entity for any indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked Web site, even if Landmark Aviation expressly advised of the possibility of such damages.Indemnification
You agree to indemnify, defend, and hold harmless Landmark Aviation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from or relating to any violation of this Agreement by you.Termination
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement, however the obligations contained in Paragraphs 2,3,5,6,7,8,9 and 10 shall survive such termination. Landmark Aviation may terminate, change, suspend or discontinue any aspect of the Landmark Aviation Site, including the availability of any features of the Site, at any time. Landmark Aviation may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Landmark Aviation may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.International Users
This Site is controlled, operated and administered by Landmark Aviation from its offices within the United States of America. Landmark Aviation makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site, export or re-export the materials in violation of U.S. export laws and regulations. Unauthorized export or re-export is prohibited. In addition, if you access this Site from a location outside of the United States, you remain solely responsible for compliance with all local laws and regulations.Entire Agreement, Dispute Resolution and Applicable Law
This Agreement constitutes the entire agreement between Landmark Aviation and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason, any provision of the Agreement or portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.We agree that this Agreement will be construed, interpreted and applied in accordance with the law of the Sate of New York, USA, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
We will try to resolve any dispute relating to the performance or interpretation of this Agreement amicably within sixty (60) days,. In the event we do not, the Dispute will be settled and finally determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in New York, New York, USA, by one or more arbitrators appointed in accordance with said Rules. Either party may take appropriate action as may be required under applicable law for the enforcement of such arbitration award. If a dispute arises and the arbitration provision specified above becomes unenforceable for any reason, we agree that the jurisdiction over and venue of any suit arising out of or relating to this Agreement will be exclusively in a federal or state court of competent jurisdiction sitting in the State of New York, USA.