"AirPhotoUSA.com and AirPhotoUSA, LLC."
Website Terms of Use
Last Revised: 4/13/01 12:46 PM
Welcome to "AirPhotoUSA.com and AirPhotoUSA, LLC.'s" website. The following terms and conditions (the "Terms of Use") govern your use of this website and any services that are offered here. By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. These Terms of Use may be updated by "AirPhotoUSA.com or AirPhotoUSA, LLC." from time to time, so please check back frequently. You acknowledge and agree that your continued use of "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and "AirPhotoUSA.com and AirPhotoUSA, LLC.", please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here.
1. OWNERSHIP
The trademarks, logos, and service marks displayed on "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" website (collectively, the "Marks") belong to "AirPhotoUSA.com or AirPhotoUSA, LLC." and others. "AirPhotoUSA.com or AirPhotoUSA, LLC." And all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.
Unless expressly stated on the "AirPhotoUSA.com or AirPhotoUSA, LLC." website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of "AirPhotoUSA.com or AirPhotoUSA, LLC.". Such Content is protected by both U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" prior written consent. You may not link to any page within our website (other than the home page, www.AirPhotoUSA.com) or frame any portion of the site without "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" prior written consent.
2. TERMINATION OF SERVICES/WEBSITE
"AirPhotoUSA.com or AirPhotoUSA, LLC." may modify or discontinue its website or the services it provides at any time, and for any reason, with or without notice to you. "AirPhotoUSA.com and AirPhotoUSA, LLC." will not be liable to you or any third party as a result of such modification or discontinuation of any website or services. The provisions of these Terms of Use will survive any termination of this website or any services provided by "AirPhotoUSA.com or AirPhotoUSA, LLC."
3. DISCLAIMER
You acknowledge and agree that your use of our website and the services we offer is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. "AIRPHOTOUSA.COM AND AIRPHOTOUSA, LLC." HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. "AIRPHOTOUSA.COM AND AIRPHOTOUSA, LLC." MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE "AIRPHOTOUSA.COM OR AIRPHOTOUSA, LLC." WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE "AIRPHOTOUSA.COM OR AIRPHOTOUSA, LLC." WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.
4. LINKS
Our website may contain links to other Internet websites or resources. You acknowledge and agree that "AirPhotoUSA.com and AirPhotoUSA, LLC." is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that "AirPhotoUSA.com or AirPhotoUSA, LLC." endorses any of the linked sites. You use the links at your own risk.
5. REGISTRATION AND ACCOUNT USE
You agree that any information you provide in response to "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to "AirPhotoUSA.com or AirPhotoUSA, LLC.". By submitting any information to "AirPhotoUSA.com or AirPhotoUSA, LLC.", you grant "AirPhotoUSA.com and AirPhotoUSA, LLC." the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in the Agreements & Policies section of our site.
If you become a registered user of our site or services, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. "AirPhotoUSA.com and AirPhotoUSA, LLC." will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
6. LIMITATION OF LIABILITY
If you do not agree with our Terms of Use, or if you are not satisfied with our website or any of the services that "AirPhotoUSA.com or AirPhotoUSA, LLC." provides, your sole remedy is to discontinue your use of the "AirPhotoUSA.com or AirPhotoUSA, LLC." website and services. "AIRPHOTOUSA.COM AND AIRPHOTOUSA, LLC." WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN "AIRPHOTOUSA.COM AND AIRPHOTOUSA, LLC.'S" MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE "AIRPHOTOUSA.COM AND AIRPHOTOUSA, LLC." WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT "AIRPHOTOUSA.COM OR AIRPHOTOUSA, LLC." HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF "AIRPHOTOUSA.COM OR AIRPHOTOUSA, LLC."'S WEBSITES AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNITY
You agree to defend, indemnify, and hold harmless "AirPhotoUSA.com & AirPhotoUSA, LLC.", its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the "AirPhotoUSA.com" website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.
8. MODIFICATIONS TO TERMS OF USE
No modification to these Terms of Use will be effective unless: (a) posted by "AirPhotoUSA.com or AirPhotoUSA, LLC." Specific public sections of "AirPhotoUSA.com's" website; or (b) expressly agreed to in writing on "AirPhotoUSA.com or AirPhotoUSA, LLC."'s letterhead and signed by an executive vice president or higher-level officer of "AirPhotoUSA.com or AirPhotoUSA, LLC.". Any modification posted on this site will become effective immediately, and your continued use of "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" websites or the services it offers will signify your acceptance of such modified terms.
9. GENERAL PROVISIONS
These terms will be governed by and construed solely in accordance with the laws of the United States and the State of Utah, excluding that body of law governing conflict of laws. Both you and "AirPhotoUSA.com and AirPhotoUSA, LLC." agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" website or services will be brought exclusively in a federal or state court in Utah, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or "AirPhotoUSA.com or AirPhotoUSA, LLC.'s" rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the "AirPhotoUSA.com or AirPhotoUSA, LLC." website, these Terms of Use set forth the entire understanding and agreement between you and "AirPhotoUSA.com and AirPhotoUSA, LLC." regarding the subject matter hereof.
10. ADDITIONAL INFORMATION
This website is owned and operated by "AirPhotoUSA.com and AirPhotoUSA, LLC.", of Phoenix, Arizona |
