Effective on August 10, 2021
Connecting Aviators’ mission is to help pilots find, connect, and share their passion for flying with fellow aviators. Connecting Aviators® is our vision.
Table of Contents
3. Rights and Limits
4. Disclaimer and Limit of Liability
6. Governing Law and Dispute Resolution
7. General Terms
8. Connecting Aviators “Dos and Don’ts”
9. Complaints Regarding Content
10. How to Contact Us
You agree that by clicking “Join Now”, “Join Connecting Aviators”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Connecting Aviators (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
Goods and Services
This Contract applies to Connecting Aviators.com, Connecting Aviators-branded apps, and other Connecting Aviators-related sites, apps, communications and other goods and services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and “Share with Connecting Aviators” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors.”
Connecting Aviators® LLC
You are entering into this Contract with Connecting Aviators® LLC (also referred to as “we” and “us”).
Currently, we only offer our Services to Members and Visitors that reside in the United States of America and its territories (“USA”). If you reside outside the USA, you are not authorized to use our Services.
This Contract applies to Members and Visitors.
1.2 Members and Visitors
When you register and join the Connecting Aviators Services, you become a Member. If you have chosen not to register for our Services, you may be able to access certain features as a “Visitor.”
We may make changes to the Contract.
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age” and you reside in the USA.
The Services are not for use by anyone under the age of 18 or anyone living outside the USA.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one Connecting Aviators account, which must be in your real name; and (3) you are not already restricted by Connecting Aviators from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
“Minimum Age” means 18 years old. However, if the law in the state where you reside requires that you must be older in order for Connecting Aviators to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You will not share your password with others.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
You’ll honor your payment obligations, and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid Services (“Paid Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your Paid Services. Also, you agree that:
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Services are subject to our refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. If your contact information is out-of-date, you may miss out on important notices. Please review your settings to control and limit messages you receive from us.
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, group posts, links, messages and emails. Information and content that you share, or post will be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Connecting Aviators connections, restricting your profile visibility from search engines, or opting not to notify others of your Connecting Aviators profile update).
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3. Rights and Limits
3.1. Your License to Connecting Aviators
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and Connecting Aviators, you own the content and information that you submit or post to the Services, and you are only granting Connecting Aviators and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited only in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as “public, everyone or similar” we may enable a feature that allows other Members to embed that public post onto third-party services, and we may enable search engines to make that public content findable though their services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Connecting Aviators, you agree that Connecting Aviators can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that is truthful and you have the right to share, and that your Connecting Aviators profile will be accurate.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Connecting Aviators may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Connecting Aviators generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. While we retain the right to remove any content we determine, in our sole opinion, is offensive or illegal, we cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned.
Connecting Aviators may help connect Members offering their services (business listings, education, training, flying clubs, airplane co-ownerships, etc.) with Members seeking services. Connecting Aviators does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Connecting Aviators does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Connecting Aviators is not responsible for the offering, performance or procurement of these services, (2) Connecting Aviators does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Connecting Aviators and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies, applicable FAA rules and regulations and any relevant local, state or federal statues, regulations or laws.
Similarly, Connecting Aviators may help you register for and/or attend events organized by Members, such as Fly-Ins, and connect with other Members who are attendees at such events. You agree that (1) Connecting Aviators is not responsible for the conduct of any of the Members or other attendees at such events, (2) Connecting Aviators does not endorse any particular event listed on our Services, (3) Connecting Aviators does not review and/or vet any of these events, (4) that you will adhere to the terms and conditions that apply to such events, and (5) You acknowledge the FAA Rules against Holding Out and agree to not use Connecting Aviators Services for Holding Out to the public or any segment of the public for air transportation. Specifically, you agree not to violate any FAA regulations regarding transportation of people or goods, including but not limited to any operation that would constitute illegal charters or “ride sharing.”
We have the right to limit how you connect and interact on our Services.
Connecting Aviators reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Connecting Aviators reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies). We retain the right to remove any content we determine, in our sole opinion, is offensive or illegal.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Connecting Aviators reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the goods and Services are the trademarks of their respective owners. Connecting Aviators® and its logo and iSorties™ and other trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Connecting Aviators® LLC or wikiWings® LLC. All of our intellectual property rights in the goods and Services are retained and exercised in the United States of America and worldwide.
3.6 Automated Processing
We may use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
GOODS4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
CONNECTING AVIATORS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE GOODS AND SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE GOODS AND SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CONNECTING AVIATORS AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS CONNECTING AVIATORS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CONNECTING AVIATORS, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES YOU OR ANYONE ELSE SUFFERS OR MAY SUFFER AS A DIRECT OR INDIRECT RESULT OF ANY USE OF THE GOODS AND SERVICES OF CONNECTING AVIATORS.
CONNECTING AVIATORS AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO CONNECTING AVIATORS FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000 WHICHEVER IS GREATER.
4.3 Basis of the Bargain; Exclusions
THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 ARE PART OF THE CONSIDERATION AND ARE THE BASIS OF THE BARGAIN BETWEEN YOU AND CONNECTING AVIATORS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, DEATH, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, CONTRACT AND LAW) EVEN IF CONNECTING AVIATORS OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
We can each end this Contract, but some rights and obligations survive.
Both you and Connecting Aviators may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can request assistant from email@example.com, call or go to your app Account settings to close your account.
6. Mediation, Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and Connecting Aviators, LLC agree to resolve it in Fort Bend County, Texas courts using Texas law, only after good faith efforts have been made to settle the dispute through mediation.
iIn the event the Parties have a legal dispute, they agree to make a good-faith effort to resolve the dispute through mediation with a qualified mediator in or near Fort Bend County, Texas, USA prior to filing a lawsuit. In the event injunctive or other extraordinary relief is sought, the parties agree to mediate the case within 30-days after such relief is filed with the court. Failure or refusal to comply with this requirement shall constitute a material breach of this agreement, and the breaching party shall pay all reasonable and necessary legal expenses incurred by the non-breaching party in the litigation, regardless of any verdict or judgment issued by the court.
You and Connecting Aviators agree that the laws of the State of Texas, U.S.A. shall exclusively govern any dispute relating to this Contract and/or the goods and Services. You and Connecting Aviators both agree that all claims and disputes can be litigated only in the federal or state courts with jurisdiction in Fort Bend County, Texas, U.S.A., and you and Connecting Aviators each agree to personal jurisdiction in those courts. Venue for any legal dispute shall be Fort Bend County Texas, USA.
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Connecting Aviators has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Connecting Aviators may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Connecting Aviators “Dos and Don’ts”
Connecting Aviators is a pilot community. This list of “Dos and Don’ts” along with our Pilot Community Policies limit what you can and cannot do on our Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a courteous, professional manner.
You agree that you will not:
- Create a false identity on Connecting Aviators, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Use Connecting Aviators Services for Holding Out to the public or any segment of the public for air transportation in violation of FAA regulations.
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Connecting Aviators;
- Disclose information that you do not have the consent to disclose (such as confidential information of others);
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of Connecting Aviators, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “Connecting Aviators” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by Connecting Aviators without our express consent;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Connecting Aviators’ consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Connecting Aviators’ consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Pilot Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How to Contact Us
Our Contact information is available online at https://ConnectingAviators.com and through firstname.lastname@example.org, and our associates can provide additional help and information about our Services.
For general inquiries, you may contact us at email@example.com. For legal notices or any notice required by this agreement, you may write us at:
Connecting Aviators, LLC
801 FM 1463, Suite 200, #117
Katy, TX 77494 USA