Please read these Terms and Conditions (the “Terms”) carefully before using the https://aeroparts.aero website (the “Site”) operated by AeroParts Manufacturing & Repair, Inc. (hereafter referred to as “AeroParts”, “us”, “we”, or “our”). All of the content, software, and services available through the Site, whether offered by us or a third-party link provided by the Site, are referred to herein as the “Services.”
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who choose to access or use the Services.
Updates to these Terms
We reserve the right to change, modify, add to, or remove all or part of the Terms at any time, and such modification shall be effective upon posting by AeroParts to the Site. You agree to be bound to any changes to the Terms when you use Services after any such modification is posted. If you do not consent to any of the changes of the Terms, your only remedy is to terminate your use of the Site and the Services. Your failure to terminate use of the Site/Services shall constitute acceptance of the changes to the Terms.
By requesting a quote on the Site or using the Contact Us page, you agree to receive, in addition to any information requested by you, our newsletter communications, marketing or promotional materials, and other information we may send. However, you may opt out of receiving future marketing or newsletter communications from us by following the unsubscribe link or instructions provided in any such email we send.
When you request a quote from us or otherwise contact us, you represent and warrant that you are at least eighteen (18) years old and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your access to the Site/the Services.
Sale of Products and Services
We do not sell products or services on the Site. You may purchase products or services from us by contacting us directly. Any such purchase shall be governed by the terms and conditions provided to you at that time.
The Site may contain links to third party websites and the ability to access external portions of the Internet. You agree that AeroParts is not responsible for the availability of these third-party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by AeroParts of those other websites or online services, the content displayed therein, or the persons associated therewith. You agree that AeroParts shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third-party site and you hereby irrevocably waive any and all claims related thereto against AeroParts, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
Use of Services
You agree to use the Services only as lawful in the United States, including all jurisdictions and subdivisions thereof, and in any other jurisdiction in which you reside or whose laws you may be subject to.
Without limiting the forgoing, you agree not to:
- Not to use the Services or any element or portion thereof for any commercial purpose except as otherwise negotiated with and expressly agreed to by AeroParts;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
- Disclose personal information and/or collect information about others, including email addresses, without their prior consent; or
- Violate any applicable domestic or international laws or regulations.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. AeroParts reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that AeroParts shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Violation of these Terms
You agree that AeroParts may, in its sole discretion and without prior notice to you, suspend or terminate your access to the Site and/or the Services at any time and for any reason whatsoever, and you agree that AeroParts shall not be liable to you or any third party for any such termination. AeroParts reserves the right to bar any further access to the Site and/or the Services.
The Site contains content, information, materials, computer code, and software of AeroParts (“Protected Content”) which is protected by copyright, trademark, patent, trade secret, and other laws, and AeroParts either owns and retains or licenses all Intellectual Property Rights (as defined below) in the Protected Content, Site and Services. AeroParts hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the Protected Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms. Copying or downloading these materials for anything other than your personal use is a violation of these Terms. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force (including, without limitation, rights in any of the foregoing).
You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by AeroParts or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the Protected Content, software, and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of AeroParts and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content from the Services.
You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent any Protected Content or other content appearing on the Site.
If you believe in good faith that materials hosted by the Site infringe your copyright, you may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing AeroParts with the following information (in writing):
- A description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and email address and all other information reasonably sufficient to permit AeroParts to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AeroParts actual knowledge of facts or circumstances from which infringing material or acts are evident.
Notice of claims of copyright infringement can be made as follows:
Email for notice: Info@AeroParts.aero
Disclaimers, Limitations, and Waivers of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THE TERMS).
WITHOUT LIMITING THE FOREGOING, NEITHER AEROPARTS NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AEROPARTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER AEROPARTS NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER AEROPARTS NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AEROPARTS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AEROPARTS NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AEROPARTS OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE TERMS OR SERVICES.
You agree to defend, indemnify and hold harmless AeroParts and its parents, subsidiaries, affiliates, employees, representatives, agents, directors, officers, managers, shareholders, third party content providers and licensors (the “Indemnified Parties“) from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) arising out of (i) your use of the Services (including, without limitation, your User Content and your use of any Protected Content); (ii) your online conduct; (iii) your violation, breach or alleged breach of these Terms; (iv) your failure to comply with any applicable laws or regulations; (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person; or (vi) any of your dealings or transactions with other persons resulting from use of the Services.
Governing Law and Alternative Dispute Resolution
The Terms and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the United States and the State of New Mexico governing contracts entered into and to be fully performed in New Mexico (i.e., without regard to conflict of laws provisions) regardless of your location. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
Any dispute, claim or controversy arising out of or relating to this Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Mexico, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules or Commercial Arbitration Rules, as may be applicable to the claim(s) at issue. Judgment on the Award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each party is to bear its own costs and fees.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of the Terms is found to be invalid, illegal, or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
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.
We welcome your questions or comments regarding these Terms. To discuss them, or for general inquiries, you may contact us at Info@AeroParts.aero.