FLIGHTLIST PRO USER AGREEMENT
Last updated: October 2014
This page contains the User Agreement ("Agreement") between you and NewFlight Intelligence, LLC ("FLP"), the publisher of this FlightList Pro Web site (the "Site"). The term "Site" as it is used in this Agreement includes any wireless device optimized version of the FlightList Pro Web site ("FlightList Pro Mobile"). You may wish to print this page for reference.
In this Agreement, "you" and "your" refer to each user of the Site.
This Agreement sets forth the terms and conditions for your use of the Site. Your use of the Site and/or the Mobile Services constitutes your agreement to these terms and conditions.
- Your Rights.
FLP grants you a non-exclusive, non-transferable, limited right to access, use and display the Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
YOU HAVE NO RIGHT TO PRINT, COPY, DISTRIBUTE THE SITE OR INFORMATION FROM THE SITE IN ANY WAY. SUCH IS A VIOLATION OF THIS AGREEMENT, AND OF VARIOUS PROPERTY RIGHTS AND WILL BE PROSECUTED TO THE FULLEST EXTENT.
Site products and services are available only to its purchaser and individual account users who are part the purchaser organization, and may not be re-sold, sub-let or otherwise re-distributed in any way.
FlightList Pro reserves the right to terminate or deny service to anyone for any or no reason. If service is immediately terminated by FlightList Pro, unused subscription fees will be refunded on a pro-rated basis effective the termination date, except in the case of Site misuse per this Agreement in which case fees and legal action will apply.
A decision by FlightList Pro to terminate service according this agreement refers to the entire subscribing organization and all of the organization’s individual user accounts. For example if a subscribing organization has 5 individual users, the entire organization account including all 5 individual users will be terminated.
No one has any automatic right to services provided by NewFlight Intelligence, LLC or FlightList Pro. NewFlight Intelligence, LLC is a completely independent and private legal organization.
- Service Charges and Payment.
FLP may charge you fees for certain products or services offered for sale through our Site. Certain Site products and services are available only through the purchase of a subscription ("Subscription-Based Services") or other type of paid access.
Subscription-Based Services will be billed monthly. In order to provide you with uninterrupted service, our online Subscription-Based Services renew automatically at the end of the applicable subscription period at the rate then in effect. We alert you at the point of offer when a subscription product is offered on an auto-renewing basis. As explained below, FLP will automatically charge your payment card for an auto-renewing subscription unless you cancel your subscription by logging in to the Site with your username and password, and then selecting the "Feedback” or “Contact Us” links and request to cancel your subscription.
(a) You agree to pay, using a valid payment card which FLP accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual subscription charges to access the Subscription-Based Services. FLP reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide in your "My Account" page. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based Service is subject to change at any time for subsequent months, effective upon prior notice to you.
(b) Unless you take action to cancel your auto-renewing subscription through one of the methods described below, FLP will automatically charge your payment card listed in your account to renew your Subscription-Based Services. FLP will not send you a reminder about the renewal before your payment card is charged. In the event FLP cannot charge the payment card listed in your account, we reserve the right to terminate your access to the Subscription-Based Services.
(c) You may cancel your subscription services at any time subject to the following terms:
- If you purchase a monthly Subscription-Based Service, which is billed monthly, you may cancel your subscription by logging in to the Site with your username and password, and then selecting "Feedback” or “Contact Us” links and request to cancel your subscription. Upon receipt of your cancellation request, your subscription and access to the online Subscription-Based Service will terminate on the first of the month after the thirty-day notice (30 days). For example, if you cancel on September 22, your subscription and access will terminate on November 1. Partial months will not be refunded.
- In addition to canceling a Subscription-Based Service through the "Feedback” or “Contact Us” links, you may also write to us at FlightList Pro Subscriptions, P.O. Box 4067, Jackson, WY 83001.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide FLP with accurate, complete, and updated information required when purchasing a product or service offered on our Site, including registering for a Subscription-Based Service ("Registration Data"). Registration Data may include your name, organization, position, address, telephone number(s), email address and applicable payment card data (e.g., payment card number, verification code and expiration date). You may update your Registration Data at any time through the “Contact Us” or “Feedback” links on the Site. Failure to comply with this provision (INCLUDING WITHOUT LIMITATION FALSIFICATION OF ANY REGISTRATION DATA) may, at FLP’s option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services, and submit you to applicable legal action.
(f) You agree to promptly update your Registration Data in your "My Account" page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment card expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, contact FLP to update your Registration Data.
- Trademarks and Copyright.
All materials available on the Site, including without limitation text, data, images, databases, and ratings, (collectively, the "Content") are owned or controlled by FLP or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
YOU MAY NOT DOWNLOAD, DISPLAY, REPRODUCE, CREATE DERIVATIVE WORKS FROM, TRANSMIT, SELL, DISTRIBUTE, OR IN ANY WAY EXPLOIT CONTENT AVAILABLE VIA THE SITE, INCLUDING WITHOUT LIMITATION SEARCH RESULTS, DATA DISPLAYS, ANY INFORMATION INCLUDING ANY COMPANY’S CONTACT INFORMATION INCLUDING E-MAIL ADDRESSES, MAILING ADDRESSES FOR ANY PRIVATE OR PUBLIC OR COMMERCIAL USE WITHOUT THE PRIOR WRITTEN PERMISSION OF FLP.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of FLP or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of FLP or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of FlightList Pro or NewFlight Intelligence, LLC;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that FlightList Pro or NewFlight Intelligence, LLCsponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
FlightList Pro ®,NewFlight Intelligence, LLC®, and other related marks used on this Site are registered trademarks of NewFlight Intelligence, LLC, in the United States and other countries.
- Misusing E-Mail Contact Information.
YOU MAY NOT DOWNLOAD, DISPLAY, REPRODUCE, CREATE DERIVATIVE WORKS FROM, TRANSMIT, SELL, DISTRIBUTE, OR IN ANY WAY EXPLOIT COMPANY’S CONTACT INFORMATION AVAILABLE VIA THE SITE INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES AND PHYSICAL ADDRESSES, WITHOUT PRIOR WRITTEN PERMISSION. You agree not to use any area of the Site to gain, copy, or replicate contact information to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by FLP in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
- Site Content Accuracy, Evaluation and Usage
The Site contains educational information and listings concerning aircraft, charter, organizations, companies and various sectors of aviation. This information is intended for use in general evaluation purposes and is not a substitute for actual information from the listed companies, or industry organizations, themselves. Information is acquired from third-party sources and may be incorrect or inaccurate. FLIGHTLIST PRO DOES NOT WARRANT THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY COMPANY'S CERTIFICATIONS, LEGAL STATUS, AUTHORIZATIONS, RATINGS, REGISTRATIONS OR ANY LEGAL COMPLIANCE. INFORMATION ON THE SITE MAY BE INCORRECT, INACCURATE OR OUT-OF DATE. YOU SHOULD OBTAIN INDEPENDENT VERIFICATION BEFORE ANY INFORMATION ON THE SITE IS RELIED UPON. FLP states that Site information should not be relied upon and suggests your own verification before any decisions are made based on information on the Site, or provided by FlightList Pro.
FLP follows a thorough process to ensure that information available via our Site is as accurate as possible, but cannot guarantee accuracy does not warrant the information as such. YOUR OWN INDEPENDENT VERIFICATION SHOULD BE OBTAINED BEFORE ANY INFORMATION VIA THE SITE IS RELIED UPON. If FLP finds, or is alerted to an inaccuracy, we will correct it as quickly as possible. If you notice an error contained in any content, please notify us by contacting us via www.flightlistpro.com/contact-us.
- Your account and password
As part of the registration process for Subscription-Based Services and certain other features, you will be assigned or select a password for each registered user. Passwords are for your users only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that FLP will have no obligations with regard thereto.
INDIVIDUAL ACCOUNT LOGINS AND PASSWORDS ARE FOR PERSONAL PRIVATE USE ONLY, AND ARE NOT TO BE SHARED OR DISSEMINATED IN ANY WAY. EACH LOGIN AND PASSWORD IS FOR ONE PERSON (USER) ONLY. SITE USAGE, ACCOUNT USAGE INCLUDING INDIVIDUAL USERS MAY BE TRACKED TO ENSURE COMPLIANCE. VIOLATIONS MAY RESULT IN IMMEDIATE TERMINATION OF SUBSCRIPTION-BASED SERVICES, FIDUCIARY LIABILITY, AND APPLICABLE LEGAL ACTION.
- Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to us:
PO Box 4067
Jackson, WY 83001
Or via www.flightlistpro.com/contact-us.
To comply with the Copyright Act, your Notice must be in writing and must include:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(iv) The alleged infringer's name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
- Information Provided
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, is at your sole risk. FLP reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither FLP nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
- Links to Other Sites
- Age Restrictions
You represent and warrant to FLP that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
- Financial Responsibility
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services or any Mobile Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services.
You hereby agree to indemnify, defend and hold harmless FlightList Pro, NewFlight Intelligence, LLC and it’s Affiliates from and against any and all liability and costs incurred by FLP or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. FLP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FLP.
- DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." FLP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FLP AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL FLP OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR FLP OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE SUBSCRIPTION-BASED SERVICES OR THE MOBILE SERVICES, EVEN IF FLP, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF FLP AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY RELEASE FLP AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth herein, FLP may cancel or terminate this Agreement at any time. FLP also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If FLP terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, FLP reserves the right to refuse to provide access to the Site or any Subscription-Based Services to you in any capacity in the future.
(a) To the Agreement.
FLP has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of FLP in providing the Site or the Mobile Services, including without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Subscription-Based Services or print subscription products purchased through our Site,
is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To the Site and/or Mobile Services.
FLP has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. FLP may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
This Agreement constitutes the entire agreement between you and FLP with respect to the Site and, if applicable, your purchase of FLP’s products and services offered through this Site (including the Subscription-Based Services), and supersedes all prior agreements between you and FLP. Failure by FLP to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Wyoming (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.