|
ABOUT THE DATA
AeroPlanner.com strives to maintain accurate and current data, but because of the methods in which data is
received and derived, we cannot guarantee accuracy and content.
We receive data from a variety of official sources including Department of Defense (DoD), the Federal Aviation Administration (FAA),
the National Oceanic and Atmospheric Administration (NOAA), and the National Weather Service (NWS). We cannot guarantee
the data received from these government sources is accurate or complete as stated on the DoD, FAA, NOAA, and NWS web site disclaimers.
We also use an unofficial digital version of FAA sectional charts derived by SoftChart International.
Use of sectional charts or segments of sectional charts provided by AeroPlanner.com does not release you from any legal requirement
to carry current charts.
Our data is supplied through recorded media and through the internet. In cases where data is received through the Internet,
we cannot guarantee that the source servers or AeroPlanner.com servers will be operational 24 hours a day, 7 days a week to supply current data.
Therefore, the data provided on AeroPlanner.com must not employed in operational use. Caution and discretion is advised.
AeroPlanner.com attempts to maintain a current database of meteorological data and written information generated by the
NWS or received from other official sources. In addition, we access through the Internet a selection of
current official weather observations, forecasts, and warnings from U.S. government sources for use by the national
and international community. In an effort to enhance the science of meteorology, experimental products may be accessible
and care must be taken when using such products as they are intended for entertainment, research and
educational use.
AeroPlanner.com servers may not be available 24 hours a day, 7 days a week. Timely delivery of weather data and products through
the Internet cannot be guaranteed. Use the NOAA and NWS dissemination systems for timely delivery of weather data and products.
Obtain an official and legal flight weather briefing by contacting a Flight Service Station or calling 1-800-WXBRIEF.
All data is provided "as is" and SAIC disclaims any and all warranties, whether expressed or implied, including (without limitation)
any implied warranties of merchantability or fitness for a particular purpose. In no event will SAIC be liable to you or to
any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from any
use or misuse of this data. You assume all risk related to use of data and products provided by AeroPlanner.com.
TERMS OF USE
PLEASE READ THE TERMS OF USE CAREFULLY. BY THIS USING THIS SITE, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE AEROPLANNER.COM.
General
This site is owned and operated by Science Applications International Corporation (referred to as "SAIC"). SAIC has the right at any time to change
or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability,
and equipment needed for access or use of the site. This site has not been endorsed or otherwise approved by the DoD, FAA, or
the National Geospatial Intelligence Agency (NGA).
Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed
for access to and use of the site and all charges related thereto.
Restrictions on Use
You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which
violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.
Without SAIC's express prior approval, you shall not post or transmit through the site any material which contains
advertising or any solicitation with respect to products or services. You shall not use the site to advertise or
perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers
of other on-line information services competitive with the site. Any conduct by you that in SAIC's sole discretion
restricts or inhibits any other user from using or enjoying the site will not be permitted.
The site contains copyrighted material, trademarks and other proprietary information, including, without limitation,
text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the
United States copyright laws. You shall not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or in part. You may download one copy
of any copyrighted material for your personal, non-commercial use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded
material is permitted without the express written permission of SAIC and the copyright owner. In the event of
any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant
that the owner of such material has expressly granted SAIC the royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such
material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known
or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material
for that user's personal use. You grant SAIC the right to edit, copy, display, publish and distribute any material
made available on the site by you.
The foregoing provisions are for the benefit of SAIC, its subsidiaries, affiliates, third party
content providers, and licensors. Each shall have the right to assert and enforce such provisions directly on
its own behalf.
Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SAIC, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT SAIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL SAIC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE
CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SAIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Monitoring
SAIC has the right, but not the obligation, to monitor the content of the site [including chat rooms and
forums], to determine compliance with these conditions of use and any operating rules established by SAIC and to
satisfy any law, regulation or authorized government request. SAIC has the right and sole discretion to
edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing,
SAIC has the right to remove any material that SAIC, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
Indemnification
You agree to defend, indemnify and hold harmless SAIC and its affiliates and their respective
directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
Trademarks
SAIC and AeroPlanner.com and each of their logos are trademarks of AeroPlanner.com, Inc. All rights
reserved. All other trademarks appearing on the site are the property of their respective owners.
Third Party Content
SAIC is a distributor (and not a publisher) of content supplied by third parties and users
of the site. Accordingly, SAIC has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers and users, are those of the
respective author(s) or distributor(s) and not of SAIC. In many instances, the content available through the
site represents the opinions and judgments of the respective information provider or user. SAIC neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone
other than authorized SAIC employee spokespersons while acting in their official capacities.
Spyware and Viruses
SAIC assumes no responsibility, and will not be liable for any damages to, or for any spyware or viruses that may
infect your computer equipment or other property on account of your access to, use of, or browsing in the site
or your downloading of any materials, data, text, images, video, or audio from the site.
Export Control
Software and other materials from this site may also be subject to United States Export Control laws which
prohibit the export of certain technical data and software to certain countries. No software from this site may
be downloaded or exported: (1) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods;
(2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or (3) to anyone on the U.S.
Commerce Department's Table of Deny Orders. SAIC does not authorize the downloading or exportation of any software
or technical data from this site to any jurisdiction prohibited by the United States Export Laws.
Business Associates
Any business associates of SAIC identified on this site are independent of SAIC.
The business associates are not joint venturers or partners of SAIC. No employee or representative of the business
associates is under the control of SAIC.
Changed Terms
SAIC has the right at any time to change or modify the terms and conditions applicable to use of
the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or deletions.
Miscellaneous
These terms of use constitute the entire agreement of the parties with respect to the subject
matter hereof and supersede all previous written or oral agreements between the parties with respect to such
subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for convenience only and shall not be
given any legal import.
|
