OTN Aviation

TERMS AND CONDITIONS

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Welcome to www.otnaviation.com.  The information offered by OTN Aviation, Inc. and its affiliates (together, “OTN”) on this website (the “Site”) is subject to the terms and conditions below (the “Terms and Conditions”).  The Terms and Conditions apply to all users.  By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions.  Please read them carefully.  If you do not agree to the Terms and Conditions, you do not have permission to access, browse or use the Site.  Any use of or access to the Site in a manner inconsistent with these Terms and Conditions is unauthorized and may subject the user to civil or criminal penalties.  We reserve the right to revise the Terms and Conditions at any time and for any reason, without notice or obligation, by updating this page.  Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments.  We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.  The Terms and Conditions do not amend or supersede any previous written agreements you may have with OTN.

 

1. USE OF SITE AND CONTENT

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OTN is the owner and/or licensor of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”).  Subject to the Terms and Conditions, OTN grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use.  For your personal non-commercial use only, you may print copies of the Content and store it on your own computer.  You may not otherwise download or modify this Site or any Content, except with the prior express written consent of OTN in each instance.  You expressly acknowledge and agree that you are not granted any license for, and you agree that without the prior express written permission of OTN you will not engage in (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

OTN retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to the Site and all Content.  As such, without the prior express written permission of OTN, you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content.  OTN reserves all rights not expressly granted herein.  You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by OTN and may not be used by you without the express prior written approval of OTN or the relevant owner of the name, logo, trademark or service mark.  OTN will aggressively enforce its intellectual property rights to the full extent of the law.  Your use of any of these materials is prohibited unless specifically permitted by OTN in writing prior to any such use.

 

3. POSTING AND TRANSMITTING; LINKING

 

You MAY NOT do any of the following: (i) hyperlink to the Site, whether to its homepage or to an interior page; (ii) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site; (iii) transmit to the Site or to any OTN personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications; or (iv) transmit to the Site or to any OTN personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

 

Notwithstanding the fact that OTN, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to OTN personnel, OTN and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.  From time to time, OTN may provide links from this Site to websites operated by third parties.  Our decision to do so is in no way an endorsement of these sites.  OTN does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein.  Your choice to follow links to such websites is at your sole risk.  If you have any questions regarding a linked site, please direct them to the administrator of the relevant site.  OTN reserves the right to terminate any link at any time.

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4. DISCLAIMERS

 

4.1 No Offer of Securities or Advice. You acknowledge and agree that nothing contained on this Site may be construed as a solicitation, offer, recommendation or representation of suitability or endorsement of any security or investment.  You further acknowledge and agree that the Content of this Site does not provide any tax, legal, accounting or other professional advice.

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4.2 Jurisdictional Limitations. OTN does not claim that this Site is appropriate for your specific jurisdiction.  You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.

 

4.3 Content Disclaimers. While OTN makes reasonable efforts to ensure that the Content is correct, OTN makes no warranties or representations as to the accuracy of the Content.

 

4.4 Disclaimer of Warranties. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  OTN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, OTN ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.

 

5. LIMITATION OF LIABILITY

 

By entering the Site you acknowledge and agree that your use of this Site and any Content is solely at your own risk.  In no event shall OTN, its affiliates, their respective officers, agents and employees, or any of OTN’s licensors or other third parties with which OTN contracts (collectively, the “OTN parties”) be liable for any losses, claims or damages whatsoever, including, without limitation direct damages, incidental and consequential damages, lost profits, legal fees, expert fees, other disbursements or damages related to lost data or business interruption, whether arising out of or resulting from, without limitation, any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, and whether based on warranty, contract, tort (including negligence), or any other legal theory, even if any such OTN party has been advised of the possibility of any such damages.  You further agree that you hereby waive any and all laws which may limit the efficacy of such release.  If you are located in a jurisdiction which does not allow the waiver of any or all of these claims, or related warranties or liabilities, the limitation of liability of the OTN parties shall be to the greatest extent permitted by law.

You agree that any cause of action you may have with respect to your use of the Site, the Content or these Terms and Conditions must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.

 

6. TERMINATION

 

OTN reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability.  OTN reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.  If access to the Site or the Content is terminated, you agree that the following Terms and Conditions shall survive: Section 4, 5, 6, 7, 8 and 11.

 

7. INDEMNIFICATION

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You agree to indemnify and hold harmless the OTN parties from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney’s fees, incurred by or against such persons or entities arising out of or resulting from your use of the Site or the Content, your violations of these Terms and Conditions and/or your violation of any rights of a third party.

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8. APPLICABLE LAW AND JURISDICTION

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This Site is made available to you from the State of California in the United States.  If you elect to access and/or use this Site from outside of the United States, you do so at your own risk and you agree that you shall comply with the laws of your jurisdiction, as well as the laws of the State of California and the laws of the United States in connection with your access to and use of the Site.  The laws of the State of California, without regard to its principles of conflict of laws, will govern the Terms and Conditions (including any disputes concerning or related to the Terms and Conditions).  You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in California, California for the purpose of resolving any dispute relating to your access to or use of this Site.  Notwithstanding the foregoing, you expressly acknowledge and agree that OTN may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in any such court. You agree that this may require you to submit any disputes related to the use of this Site to final and binding arbitration in the State of California.

 

9. USER SUBMISSIONS

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By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or OTN, in any manner and for any reason, will not be treated as confidential or proprietary.  Furthermore, you acknowledge and agree that any materials you transmit to OTN may be used by OTN, anywhere, anytime, and for any reason whatsoever.

 

10. MONITORING; PRIVACY POLICY

 

OTN has the right, but not the obligation, to monitor any activity associated with the Site. OTN may investigate any complaint or reported violation of the Terms and Conditions and take any action that it deems appropriate under the circumstances.  Such action may include, but is not limited to, issuing warnings, suspension or termination of access, and/or referring the matter to regulatory or law enforcement authorities.

 

OTN does collect personally identifiable information such as IP address, domain name, webpage, the length of time spent on the Site, and the pages accessed while visiting the Site.  The information-gathering technology referred to as “cookies” will be used in connection with the Site.  OTN also collects information that is voluntarily submitted by users.  By using the Site you hereby understand and consent to the transfer of any data submitted by you to OTN.  Under no circumstances will OTN exchange such information with third parties.

 

11. SEVERABILITY

 

If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.  Any failure of OTN to act on or enforce any of the Terms and Conditions shall not be construed as a waiver of that provision or any other of the Terms and Conditions.