AGREEMENT BETWEEN USER AND Eastern Region Helicopter Council
The Eastern Region Helicopter Council Web Site is comprised of various Web pages operated by Eastern Region Helicopter Council.
The
Eastern Region Helicopter Council Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Eastern
Region Helicopter Council Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Eastern
Region Helicopter Council reserves the right to change the terms,
conditions, and notices under which the Eastern Region Helicopter
Council Web Site is offered, including but not limited to the charges
associated with the use of the Eastern Region Helicopter Council Web
Site.
LINKS TO THIRD PARTY SITES
The Eastern
Region Helicopter Council Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Eastern
Region Helicopter Council and Eastern Region Helicopter Council is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Eastern Region Helicopter Council is not
responsible for webcasting or any other form of transmission received
from any Linked Site. Eastern Region Helicopter Council is providing
these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Eastern Region Helicopter Council of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Eastern Region Helicopter Council Web
Site, you warrant to Eastern Region Helicopter Council that you will
not use the Eastern Region Helicopter Council Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Eastern Region Helicopter Council Web Site in any
manner which could damage, disable, overburden, or impair the Eastern
Region Helicopter Council Web Site or interfere with any other party's
use and enjoyment of the Eastern Region Helicopter Council Web Site.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for
through the Eastern Region Helicopter Council Web Sites.
USE OF COMMUNICATION SERVICES
The
Eastern Region Helicopter Council Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with
a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
Upload files that contain software
or other material protected by intellectual property laws (or by rights
of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
Upload files that
contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
Advertise
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download
any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that
is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Eastern Region Helicopter Council has no obligation to monitor the
Communication Services. However, Eastern Region Helicopter Council
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Eastern
Region Helicopter Council reserves the right to terminate your access
to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Eastern
Region Helicopter Council reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Eastern
Region Helicopter Council's sole discretion.
Always use
caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Eastern Region
Helicopter Council does not control or endorse the content, messages or
information found in any Communication Service and, therefore, Eastern
Region Helicopter Council specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts are
not authorized Eastern Region Helicopter Council spokespersons, and
their views do not necessarily reflect those of Eastern Region
Helicopter Council.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO Eastern Region Helicopter Council OR POSTED AT ANY Eastern Region Helicopter Council WEB SITE
Eastern
Region Helicopter Council does not claim ownership of the materials you
provide to Eastern Region Helicopter Council (including feedback and
suggestions) or post, upload, input or submit to any Eastern Region
Helicopter Council Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Eastern Region Helicopter
Council, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be
paid with respect to the use of your Submission, as provided herein.
Eastern Region Helicopter Council is under no obligation to post or use
any Submission you may provide and may remove any Submission at any
time in Eastern Region Helicopter Council's sole discretion.
By
posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Eastern Region Helicopter Council WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. Eastern Region Helicopter Council AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Eastern Region
Helicopter Council WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Eastern Region Helicopter Council WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
Eastern Region Helicopter Council AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Eastern Region
Helicopter Council WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Eastern Region Helicopter Council AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Eastern Region Helicopter Council AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE Eastern Region Helicopter
Council WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Eastern Region
Helicopter Council WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Eastern
Region Helicopter Council WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE Eastern Region Helicopter Council WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Eastern Region Helicopter Council OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
Eastern Region Helicopter Council WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Eastern Region Helicopter Council WEB SITE.
TERMINATION/ACCESS RESTRICTION
Eastern
Region Helicopter Council reserves the right, in its sole discretion,
to terminate your access to the Eastern Region Helicopter Council Web
Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of
courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Eastern Region Helicopter Council Web
Site. Use of the Eastern Region Helicopter Council Web Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Eastern
Region Helicopter Council as a result of this agreement or use of the
Eastern Region Helicopter Council Web Site. Eastern Region Helicopter
Council's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of Eastern Region Helicopter Council's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Eastern Region Helicopter Council Web Site
or information provided to or gathered by Eastern Region Helicopter
Council with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement
between the user and Eastern Region Helicopter Council with respect to
the Eastern Region Helicopter Council Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Eastern Region
Helicopter Council with respect to the Eastern Region Helicopter
Council Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Eastern Region Helicopter Council Web Site are: and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The
example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.