WEBSITE TERMS AND CONDITIONS OF USE
This Website Terms and Conditions of Use (the “**Agreement**”) governs the use of the Internet website located at http://www.exodusaviation.com (the “Website”) provided by Exodus Management Corp /DBA Exodus Aviation, whose principal place of business is 6750 N. Andrews Avenue, Suite #200 Fort Lauderdale, Florida 33309 (the “Company”), to any individual or business entity accessing or using the Website (hereinafter referred to singularly and collectively as “you” or possessively as “your”). The above parties may be referred to singularly as a “Party” or collectively as the “Parties”.
By clicking on accept, you hereby certify that you are the individual to whom this username and password was given and continues to be employed by the same customer as when the username/password was issued by Company.
Please read this Agreement carefully before accessing or using the Website. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you are authorized to access or use any part of the Website.
Your access to or use of the Website indicates that you have read, understood and expressly consented to this Agreement and accept all of its terms. Company is willing to license the Website to you only upon the condition that you accept all the terms contained herein.
If you do not accept all of the terms and conditions contained in this Agreement, you may not access or use the Website.
To fully use all of the features offered via the Website, you may be required to create a verified account. Company reserves the right to monitor and limit the technical aspects and features of the Website you may access and use, including without limitation, connection, usage, transfer and other parameters. Exceeding certain limits, as determined by Company in its sole and absolute discretion, may result in your account being restricted. Company reserves the right to charge for any aspect of the Website and revise applicable fees at any time. The use of the Website is solely for the purpose of conducting business between you and Company. The username and password assigned to you has been provided in confidence. You may not reveal your username and password to any third-party under any circumstance. Your coworkers may request their own username and password if necessary. If you are no longer employed by Company’s customer, you must immediately discontinue using the Website. If you accept employment with another Company customer, you must inform Company as soon as possible so that access is updated to reflect your new employer’s data. Do not access the Website until the appropriate changes have been made to your access and authority levels. Continued use of the Website will be deemed as your continued acceptance of this Agreement. TERMINATION This Agreement is effective immediately upon your access to or use of the Website or the publication date of any subsequent modifications, revisions or amendments. Company may, at its sole and absolute discretion, terminate or prohibit your existing or future access to or use of the Website at any time without notice. Company will pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Website or any of the services. Company may terminate, change, suspend, or discontinue any aspect of the Website at any time, including the availability of any features of the Website. Company may also impose limits on certain features and services or restrict access to parts, or all, of the Website without notice or liability. PRICE AND AVAILABILITY The prices and availability contained in the Website are quotations only and do not constitute legally binding offers. PROPRIETARY/NON-DISCLOSURE NOTICE The information contained within the Website is the sole and exclusive property of Company or its subsidiary and contains trade secrets. It is delivered to you in confidence and is not to be disclosed to others, copied, in whole or part, and will not be used for any purpose except in the determination by you to purchase items from Company or its subsidiary.
Company owns and retains sole and exclusive ownership in the Website and all associated intellectual property rights. Contingent on your compliance with, and subject to, the terms and conditions of this Agreement, Company grants you a limited, non-transferable, non-exclusive, non- assignable, revocable license to use the Website on any device that you own or control. No licenses or rights are granted to you, by implication or otherwise, to any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted hereunder.
You will defend, indemnify and hold Company, its officers, directors, employees, agents and any associated third-parties harmless from any claims, demands, losses, costs, liabilities and expenses, including without limitation, reasonable attorney fees, arising out of or relating to your access to or use of the Website, including without limitation, your breach of this Agreement or documents incorporated by reference; your violation of laws or third-party rights; any allegation that materials you submit to Company or transmit to or distribute via the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of third-parties; and any other activities in connection with your access to or use of the Website or Third-Party Services.
The foregoing indemnity will be applicable without regard to the negligence of any party, including any indemnified person, Company or third-parties with whom Company does business.
The website is provided “as is” and “as available”. All representations and warranties, express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, usability, suitability, non-infringement or fitness for a particular purpose are disclaimed to the maximum extent permitted by applicable law.
Company does not warrant or guarantee the reliability, timeliness, quality, suitability, safety, security, ability, accuracy or availability of the website nor any products, services or information made available thereby. You agree that the entire risk arising out of or resulting from your use of the website or products or services made available thereby remains solely with you to the maximum extent permitted by law.
Company does not represent, warrant or guarantee that the website, nor any products, services, information or data made available thereby, will be secure, timely, uninterrupted, error-free, operate with other systems or meet quality or other specifications, requirements or expectations; nor the website will be free from viruses, malicious code or harmful components or that any errors will be corrected.
The website may be subject to limitations, delays and problems inherent in the use of the internet and electronic communications. Company is not responsible for any delays, delivery failures or damages arising out of or resulting therefrom.
LIMITATION OF LIABILITY
In no event will company be liable for indirect, punitive, special, exemplary, incidental, consequential or other type of damages, including without limitation, personal injury, property damage, procurement of substitute goods, lost data, lost profits, lost revenue or other loss of economic advantage or benefits relating to, in connection with or otherwise arising out of or resulting from use of the website, even if company has been advised of the possibility of such damages. In no event will company be liable for any damages, liability or losses arising out of your use of or reliance on the website, your inability to access or use the website or any transaction or relationship between you and third-parties, even if company has been advised of the possibility of such damages.
In no event will company be liable for any delay or failure in performance resulting from causes beyond company’s reasonable control. You acknowledge and agree that third-party services may not be professionally licensed or permitted. In no event will Company’s total liability to you in connection with the website for all damages, losses or causes of action exceed one-hundred united states dollars (us $100).
Responsibility for decisions you make regarding the website, third-parties and third-party services rests solely with you. You hereby expressly waive, release and forever discharge company from all liability, claims, causes of action, damages and injuries arising out of or relating to company, the website, third-parties or third-party services. You expressly waive and release all rights and benefits under any applicable law stating, in whole or part, that a general release does not extend to claims that the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which, if known, may have materially affected the creditor’s settlement with the debtor.
You agree to fully comply with all applicable export laws and regulations to ensure neither the Website nor technical data related thereto is exported or re- exported, directly or indirectly, in violation of or used for any purpose prohibited by such laws and regulations. By using the Website, you represent and warrant that you are not located in a country subject to government embargo, designated as terrorist supporting or listed on any list of prohibited or restricted jurisdictions.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, the “**Disputes**”) will be settled by binding arbitration in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes set forth by the American Arbitration Association, except that Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You waive the right to participate as a plaintiff in any purported class action or representative proceeding or trial by jury. An arbitrator operating pursuant to this provision may not preside over any form of class action or representative proceeding. The provision and requirement that Disputes be settled by binding arbitration will survive termination or expiration.
No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of this Agreement or your use of the Website. If any provision of this Agreement is held invalid or unenforceable, such provision will be stricken from the text and the remaining provisions will be enforced to the fullest extent of applicable law. The failure of Company to enforce any right or provision herein will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by Company in writing. Company will not be liable for delay or failure in its performance or any damages suffered by you due to such delay or failure, caused by or resulting from, directly or indirectly, natural acts or events beyond Company’s control. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. The laws of ::Insert Jurisdiction:: will govern this Agreement and Disputes arising hereunder will be adjudicated in the courts therein.
Updated: Wednesday, October 26, 2016
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