Welcome to Alair
Commercial Airplanes' (the "Company's") Alair Aircraft Trading Site (the
"Site"). These terms of use ("Site Terms") apply to your access to and use
of our Site, so please read them carefully. They do not alter in any way the
terms or conditions of any other written or online agreement you may have
with us. We reserve the right to change or modify any of the terms and
conditions contained in these Site Terms of Use or any policy or guideline
of the Site or the Company's services and goods offered (the "Services"), at
any time and in our sole discretion. If the Site Terms of Use are changed,
we will post the new terms on the Site and change the posting date
accordingly. Any changes or modification will be effective upon posting of
the Site Terms as revised, and your use of the Site or the Services
following the posting of such changes or modifications will constitute your
acceptance of the Site Terms as revised. Therefore, we encourage you to
check the date of our Terms of Use whenever you visit this Site for any
updates or changes.
Third-Party Content
In addition to listings of Company-owned aircraft, this Site includes a
listing of Alair aircraft owned and offered for sale by third parties
unaffiliated with the Company. This Third-Party Content is provided strictly
and solely as a courtesy to you. The Company does not in any way warrant,
nor does the Company attempt to verify, the accuracy of any Third-Party
Content submitted to that section of the Site. The Company has no interest
in any third party owned aircraft listed on this Site, nor shall the Company
be involved in any way in any negotiations or transactions between any end
user of this site and any third-party owner listing an aircraft on this
Site. The Company does not knowingly list, or allow the listing of,
airplanes for scrap or aircraft for sale with a lease.
If you are interested in any aircraft offered by a third party, please
contact the person(s) listed by that third party. Company takes no
responsibility and assumes no liability for any Third-Party Content posted
or uploaded by you or any third party, or for any mistakes, omissions,
falsehoods, or inaccuracies that may be contained in any Third-Party
Content. As a condition of your access and use of any Third-Party Content on
this Site, you waive and release the Company and its affiliates and
subsidiaries from any claims or liability that might arise from your use of
any Third-Party Content.
If you become aware of any inaccuracies contained in any Third-Party
Content on this Site, please contact Form
Contact Us and we will endeavor to have the listing third party
correct the information.
Company has the right, but not the obligation, to monitor any activity
and Third-Party Content posted on this Site. Company may investigate any
reported violation of its policies or complaints and take any action that it
deems appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of posted
Third-Party Content. Company reserves the right and has absolute discretion,
to remove, screen or edit any Third-Party Content that violates these
provisions or is otherwise objectionable. In order to cooperate with
legitimate governmental requests, subpoenas or court orders, to protect
Company's systems and customers, or to ensure the integrity and operation of
Company's business and systems, Company may access and disclose any
information it considers necessary or appropriate, including, without
limitation, third-party listing information (i.e. name, e-mail address,
etc.), IP addressing and traffic information, usage history, and posted
Third-Party Content.
License and Site Access
Company grants you a limited license to make personal use only of the Site.
Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and use of
any aircraft listings or descriptions; (c) making derivative uses of the
Site and its contents; or (d) use of any data mining, robots, or similar
data gathering and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of Company or
any third party.
You may not use, frame or utilize framing techniques to enclose any
Company trademark, logo or other proprietary information (including the
images found at this Site, the content of any text or the layout/design of
any page or form contained on a page) without Company's express written
consent. Further, you may not use any meta tags or any other "hidden text"
utilizing an Company name, trademark, or product name without Company's
express written consent.
Any unauthorized use of this Site will terminate the permission or
license granted by these Site Terms and may violate applicable law including
copyright laws, trademark laws (including trade dress), and communications
regulations and statutes. All violators will be prosecuted to the fullest
extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site, including, without
limitation, the Company logo, design, text, graphics, pictures, sound files
and other files, and the selection and arrangement ("Materials") thereof are
ALL RIGHTS RESERVED Copyright © 2000 The Alair Company and/or its licensors.
Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written
permission of Company or the respective copyright owner. Permission is
granted to display, copy, distribute and download the Materials on this Site
for personal, non-commercial, and informational use only; provided that, you
may not, without the permission of Company or the respective copyright
owner, (a) copy, publish, or post any Materials on any computer network or
broadcast or publications media, (b) modify the Materials, and (c) remove or
alter any copyright and other proprietary notices contained in the
Materials.
Trademarks and Service Marks
Company, the Company logo, and the products and services described in this
Site, including without limitation [include any registered or unregistered
trademarks], are either trademarks, service marks or registered trademarks
of Company and its suppliers and licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of
Company or its suppliers or licensors. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks, and/or
trade dress of Company, and may not be copied, imitated, or used, in whole
or in part, without the prior written permission of Company. All other
trademarks, registered trademarks, product names and Company names or logos
mentioned herein are the property of their respective owners.
Linking
Third Party Links. Company makes no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature or reliability
of Site accessible by hyperlink from this Site, or Site linking to this
Site. The linked Site is not under the control of Company and Company is not
responsible for the content of any linked Site or any link contained in a
linked Site, or any review, changes or updates to such Sites. Company is
providing these links to you only as a convenience, and the inclusion of any
link does not imply affiliation, endorsement, or adoption by Company of the
Site or any information contained therein. When leaving the Company Site,
you should be aware that Company's terms and policies no longer govern, and,
therefore, you should review the applicable terms and policies, including
privacy and data gathering practices, of that Site.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE,
IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND
PRODUCTS ON THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS
IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO
PRICING, TEXT, OR PHOTOGRAPHY. WHILE COMPANY ATTEMPTS TO ENSURE YOUR ACCESS
AND USE OF THE SITE IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR
WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Company reserves the right to change any and all content contained on
this Site at any time without notice. Reference to any products, services,
processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof by Company.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE
OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT
OF OR RELATING TO THE USE OF COMPANY'S SITE EXCEED $5.00 OR THE COMPENSATION
YOU PAID COMPANY, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the
exclusion or limitation of certain damages. If these laws apply, some or all
of the above disclaimers, exclusions, or limitations, may not apply to you,
and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of Washington, applicable to agreements made and
entirely to be performed within the State of Washington, without resort to
its conflict of law provisions. You agree that any action at law or in
equity arising out of or relating to these terms and conditions shall be
filed only in state or federal court located in King County, Washington, and
you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, Company reserves the
right, without notice and in its sole discretion, to terminate your license
to use the Site, and to block or prevent future access to and use of the
Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
IN ORDER TO ACCESS, BROWSE AND USE THIS SITE, YOU MUST FIRST READ THE
TERMS OF USE FOR THIS SITE. BY CLICKING ON THE "ACCEPT" BUTTON, YOU
ACKNOWLEDGE YOUR REVIEW OF THESE TERMS OF USE AND AGREE TO BE BOUND BY THE
TERMS AND BY ALL POLICIES AND GUIDELINES INCORPORATED THEREIN BY
REFERENCE.
