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Welcome to the Fly Hummel website (the "flyhummel.com website"), a site owned and operated by Hummel Aviation, Inc.
These Terms of Use, along with policies and guidelines located throughout the Fly Hummel website identify what users of the Fly Hummel website ("Users") can expect from Hummel Aviation, Inc., Hummel Aviation, Inc. Providers (as defined below) and the Fly Hummel Website and what we expect from Users. By accessing any areas of the Fly Hummel website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Fly Hummel website.
I. ONLINE CONDUCT
User agrees to use the Fly Hummel website only for lawful purposes. User is prohibited from posting on or transmitting through the Fly Hummel website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Hummel Aviation is notified of any material on the Fly Hummel website (collectively "Content") provided by User (e.g., through an online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Hummel Aviation may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Fly Hummel website. Hummel Aviation may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Fly Hummel website; or (iii) to protect the rights or property of Hummel Aviation, INC. and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, " Hummel Aviation Providers") and any other User.
Hummel Aviation reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Hummel Aviation, the Fly Hummel website, the communities that make up the Fly Hummel website, or any rights of Hummel Aviation or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Hummel Aviation Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Hummel Aviation Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Fly Hummel website.
II. PRIVACY POLICY
Hummel Aviation respects the privacy of its Users. The terms and conditions of the Hummel Aviation Privacy Policy, http://www.flyhummel.com/privacy.html, are incorporated herein by reference.
III. TRADEMARKS
flyhummel.com, is a service marks of Hummel Aviation or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Hummel Aviation and its licensors used on the Fly Hummel website may not be used without prior written consent of Hummel Aviation or its licensor, as the case may be. Without limiting the foregoing, no Hummel Aviation trademark or trade dress may be used in connection with any product or service that is not Hummel Aviations, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Hummel Aviation or Fly Hummel website
IV. CONTENT
a. Proprietary Rights
User acknowledges that the Fly Hummel website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Hummel Aviation, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for Users personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Fly Hummel website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Hummel Aviation Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Hummel Aviation at info@flyhummel.com. By submitting Content to any User-submit areas, including, without limitation, any User product reviews User automatically grants, or warrants that the owner of such Content has expressly granted Hummel Aviation Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Fly Hummel website retains any and all rights which may exist in such Content.
c. Third-Party Content
Hummel Aviation is a distributor and not a publisher of Content supplied by third parties and Users. Hummel Aviation has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Hummel Aviation or its affiliates or any of their officers, directors, employees, or agents. No Hummel Aviation Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Fly Hummel website represents the opinions and judgments of the respective third party providing such Content. Hummel Aviation neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Fly Hummel website by anyone other than Hummel Aviation. Under no circumstances shall Hummel Aviation, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a Use s reliance on information obtained through the Fly Hummel website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Fly Hummel website.
d. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Fly Hummel website to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Hummel Aviation does not intend the Fly Hummel website to be used by minors under the age of 13. Furthermore, Hummel Aviation does not market the Fly Hummel website for use by minors under the age of 13. Hummel Aviation relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Fly Hummel website are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Hummel Aviation may suspend or terminate any Users access to all or any part of the Fly Hummel website including any account thereon, without notice, for any reason in Hummel Aviations sole discretion, including without limitation Hummel Aviations belief that such access would violate any applicable law or would be harmful to the interests of any Hummel Aviation Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such Users Fly Hummel website account password confidential and (ii) restricting access to such Users computer. Each User agrees to accept full responsibility for all activities that occur within such Users Fly Hummel website account.
VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE HUMMEL AVIATION WEBSITE IS PROVIDED BY HUMMEL AVIATION INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMMEL AVIATION DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, HUMMEL AVIATION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE FLY HUMMEL WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE FLY HUMMEL WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FLY HUMMEL WEBSITE; OR (IV) THAT THE FLY HUMMEL WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF HUMMEL AVIATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO HUMMEL AVIATION PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE FLY HUMMEL WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE FLY HUMMEL WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY HUMMEL AVIATION PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY HUMMEL AVIATION PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FLY HUMMEL WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE FLY HUMMEL WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HUMMEL AVIATIONS RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE FLY HUMMEL WEBSITE.
NO HUMMEL AVIATION PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE FLY HUMMEL WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH HUMMEL AVIATION, INC. PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Hummel Aviation in the State of Ohio. As such, the laws of the State of Ohio will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Ohio and of the United States of America located in the State of Ohio for any litigation arising out of or relating to use of or purchase made through the Fly Hummel website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Ohio Courts and agrees not to plead or claim in any Ohio Court that such litigation brought therein has been brought in an inconvenient forum.
XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Fly Hummel website, any Content or any item purchased from the Hummel Aviation website shall be settled by confidential arbitration in Cabot, Ohio administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Hummel Aviation from seeking any injunctive relief in State or Federal courts located in the State of Ohio for protection of Hummel Aviations or Hummel Aviation licensors intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Hummel Aviation regarding Users relationship with Hummel Aviation and supersedes any prior statements or representations. When using the Fly Hummel website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XIII. MODIFICATION
Hummel Aviation reserves the right to make changes to the Fly Hummel website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on March 1, 2007.
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