Summary

 

  • Welcome! This bullet-pointed summary is provided for your convenience but you should absolutely, positively read this entire document because it is a binding agreement.
  • The goal for the text to the right is to provide a plain-English summary of this agreement but, again, you should read this entire document because summaries and explanations don’t capture every detail.
  • By selecting “I agree and consent” and/or by enrolling in the AVITAION GIVES BACK MEMBERSHIP COMMUNITY (the “Program”) you are indicating that you have read and agree to the terms and conditions in this Terms of Service and Membership Agreement (the “Agreement”).
  • The Program was created to connect all aviation professionals in a community that focuses on scholarship creation, mentorship opportunities, and giving back to those interested in aviation. 
  • By proceeding, you understand completely the services that are (and are not) included in the Program.
  • You can’t, and won’t, copy, display, redistribute, or otherwise exploit any intellectual property or other content found during your use of the Program except for your own personal use.
  • There is a group community component to the Program. Be courteous and use your best judgment when interacting with other aviation professionals.
  • Hateful, racist, rude, uncompassionate, violent, and/or otherwise unlawful communications (as determined in our sole discretion) will not be tolerated and will be grounds to block you or otherwise immediately terminate your enrollment in the Program.
  • Results vary and are not guaranteed. Your participation in the Program is critical to your own success!

If you violate this Agreement, your access to the Program may be revoked or terminated, with or without warning.

 

Additional Terms and Conditions

 

This Agreement serves as a binding agreement between you and SOCIAL AVIATION, LLC DBA AVIATION GIVES BACK (“Company” or “we”). In exchange for the promises made between you and Company, Company agrees to provide certain specific services, encompassed into the Program, and you agree to all terms laid out in this Agreement as a condition of your enrollment and participation in the Program.

  1. SERVICES INCLUDED

 

Company will provide the services detailed specifically at www.aviationgivesback.com / community.aviationgivesback.org, in exchange for the fee stated on that same page (the “Membership Fee”). Enrolling in the Program provides you access to these services on a monthly basis. (Unless you chose to pay for an entire year in advance, in which case you will have access to the Program content for a calendar year.) Your access to the Program and any Program Materials is all subject to the terms of this Agreement. For purposes of this Agreement, “Program Materials” means all documents and other files, including templates, recordings (whether audio, visual, or audiovisual), presentations, courses, content, slide shows, writings, text, literature, graphic designs, other designs, action plans, contracts, detailed instructions, and all other materials created or provided by Company in the course of providing the Program.

  1. FEES AND PAYMENT; CANCELLATION

 

The Program is a subscription product. Once you enroll, you agree that we may automatically charge your payment method on file on a monthly basis until cancelled. If you chose to pay for an entire year of membership, your payment method will be charged once per calendar year until cancelled.

 

If for any reason you wish to cancel your enrollment in the Program, you may cancel at any time, and when you cancel you will not be billed again. Note, however, that cancellation will not refund any payments made as of the date you submit your cancellation request. No refunds will be issued for this program, due to the electronic nature of the products and services included in the Program.

 

  1. MEMBERSHIP ELIGIBILITY

In order to become a member of the Program, you must:

 

  • Be at least eighteen years of age,
  • Be a United States resident and/or have a business based in the United States,
  • Be legally competent to enter into a binding agreement, and
  • Enroll during a permitted enrollment period.

Company retains the right to reject or eject any member for any reason whatsoever. You may have the option to create an account. If you create an account, you must provide and maintain true, accurate, current, and complete information about yourself in the registration process.  You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.  You must promptly notify Company with any questions or concerns of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Program.

  1. MEMBER’S PARTICIPATION REQUIRED

 

Your own participation is integral to your success and enjoyment of the Program. Company will help to guide you and will perform its obligations as to the services included in the Program, but you understand and agree that you must take all actions necessary in order to benefit from the Program.

 

  1. INTELLECTUAL PROPERTY

 

All Program Materials are the sole and exclusive property of Company and/or its licensors, and are protected under applicable copyright, trademark, and other proprietary rights. You may only use the Program Materials as expressly permitted by this Agreement. You may use the Program Materials solely in connection with your own personal use and/or in connection with the internal development of your own business. Replication or any other use of the Program Materials for your financial or commercial benefit is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Program Materials for use or viewing by others – for example, sharing Program Materials with friends or colleagues for their use or manipulation or allowing a non-member access to the Program Materials – is also strictly prohibited. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “spin-offs”) from — or transfer, sell or otherwise exploit or infringe on — any portion of the Program, or on any intellectual property rights related to any Program Materials, or any products, or services obtained from or otherwise transmitted through the Program. Any violation of this Section will be grounds for termination, with or without notice, and all other available legal action.

  1. COMPLIANCE WITH LAWS AND PROHIBITED USES.

 

You will comply with all applicable laws regarding your use of the Program. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You are prohibited from using the Program in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You are also prohibited from:

 

  • Sharing your username and/or password with any other user or any third-party;

 

  • Crossing appropriate boundaries – either with Company or with other users of the Program – (where appropriateness will be determined by Company in its sole discretion) including, but not limited to, unsolicited tagging, spamming, communicating with, or otherwise contacting other users (or Company) in connection with your business endeavors, campaigns, multi-level marketing endeavors, or otherwise;

 

  • Using the Program for any commercial purpose or for the benefit of any third party, including, but not limited to, permitting unauthorized access to the Program, Program Materials, or any related content or selling any Program Materials or distributing or allowing access to the Program Materials to any third party;

 

  • Posting or transmitting material through the Program that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary or other third-party right of Company or any other person or entity;

 

  • Posting or transmitting material through the Program that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable;

 

  • Posting or transmitting material through the Program that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

 

  • Without permission from Company and/or its agents, posting or transmitting material through the Program that is an advertisement for goods or services or a solicitation of funds;

 

  • Posting or transmitting material through the Program that includes private, personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • Posting or transmitting material through the Program that contains a formula, instruction, or advice that could cause harm or injury;

 

  • Posting or transmitting material through the Program where the licensed use of that material by Company would result in Company having any obligation or liability to any party; or

 

  • Posting or transmitting material through the Program that could be used to facilitate mail abuse or unsolicited email of any type (spam).

 

Company reserves the right to refuse service, terminate membership, revoke access or otherwise take action against you for violation of this Section or any terms of this Agreement.

 

  1. DISCLAIMER

 

You acknowledge that Company has not promised, and will not be obligated to, perform any services not specifically included in the Program. No content located on or accessed through the Program is intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. The Program and any information or service provided through the Program is provided on an “as is” and “as available” basis. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE PROGRAM OR ANY OF COMPANY’S PRODUCTS OR SERVICES. COMPANY MAKES NO WARRANTY THAT 1) THE PROGRAM WILL MEET YOUR REQUIREMENTS, 2) THE PROGRAM, AND ANY INFORMATION OR SERVICE PROVIDED BY THE PROGRAM, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER OFFERINGS OBTAINED THROUGH YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS, OR 4) ANY ERRORS IN SOFTWARE UTILIZED BY THE PLATFORM WILL BE CORRECTED.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE PROGRAM, YOUR USE OF THE PROGRAM, OR THE PROGRAM MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM AND/OR ITS CONTENT IS TO TERMINATE YOUR MEMBERSHIP. If, regardless of the limitation of liability described in this Section, liability is imposed upon Company, Company’s liability will not exceed the Membership Fees paid by you to Company as of the date the applicable claim or issue arose. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

 

  1. PUBLIC FORUMS

 

Public forums may be available through the Program. If you use a public forum and disclose personally identifiable information, you should be aware that such information could be read, collected or used by other users.  Company is not responsible for the personally identifiable information you choose to submit in public forums. You are and will remain solely responsible for the content you post on these forums and for the consequences of submitting and posting such things.  You should be skeptical about information provided by others, and you acknowledge that the use of any content posted or transmitted by others in the Program is at your own risk.  You must use common sense when it comes to disclosing privileged or confidential information in any group setting and refrain from posting or stating such information.

  1. USER CONTENT

You warrant and represent that all content added to the Program by or at the behest of you or your agents or representatives, including, without limitation, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party.  By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.  Company is not responsible or liable for any User Content accessible through the Program.  User Content does not express Company’s views.  Company does not guarantee that it will edit or delete User Content.  Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior or any User Content submitted or transmitted by you through the Program.  Unless otherwise specified, Company does not claim ownership of the User Content submitted through the Program. You acknowledge that Company is not responsible for the accuracy of any User Content and that you — and not Company — are solely responsible for any User Content you post or upload through the Program. Company provides this Program for entertainment, informational, and educational purposes only.  You may not rely on any information and opinions expressed through the Program for any other purpose.  It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content, including User Content, in this Program. 

By posting or uploading User Content through this Program, you are granting Company permission to use the User Content in connection with the Program.  By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location, in connection with broadcast, print, online, or other use or publication of your User Content solely in connection with promoting the Program.  Regardless, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

 

  1. MODIFICATION/SUSPENSION OF THE PROGRAM.

 

Company reserves the right at any time to modify or suspend, temporarily or permanently, the Program or any part of the Program, including, but not limited to, adjusting the services included, limiting participation, and/or closing membership, with or without notice. In the event of a suspension of the Program, Company will issue an applicable pro-rated refund. Company will not be liable to you for any modification, suspension or discontinuance of the Program or any service except as specifically stated in this Agreement.

 

  1. TERMINATION

 

You may terminate your participation in the Program at any time by notifying INFO@AVIATIONGIVESBACK.ORG in writing of your desire to do so. Any termination does not relieve you of the obligation to pay Membership Fees described in this Agreement incurred through the date of termination.

 

  1. FORCE MAJEURE

 

If circumstances beyond your control or Company’s control make performance of the services included in the Program impossible – including, but not limited to, medical emergency, fire, flood, tornado or other act of weather, riot, war, and/or insurrection – all of Company’s obligations under this Agreement will be suspended until Company may, in Company’s discretion, safely resume performance of the Program.

 

  1. SEVERABILITY

 

If any section or sentence of this Agreement is determined by a proper court to be invalid, illegal, or unenforceable, such invalidity, that determination will not affect any other section or sentence of this Agreement or invalidate or render such that section or sentence unenforceable in any other jurisdiction.

 

  1. WAIVER

 

Company’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach. 

 

  1. ASSIGNMENT

 

Company may assign this Agreement to a successor-in-interest. You may not. Any other assignment or attempted assignment made by you or Company will be deemed void.

  1. APPLICABLE LAW; VENUE.

 

The laws of the state of Tennessee, without regard to conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and Company or its affiliates. Any and all disputes arising under or related to this Agreement must be settled in a court of competent jurisdiction in LEBANON, WILSON County, TENNESSEE.  

 

  1. INDEMNIFICATION.

 

You will indemnify and hold Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of this Agreement, your participation in the Program, or infringement by you of any intellectual property or any other right of any person or entity relating to the Program.  You will cooperate as fully as reasonably required in the defense of any claim.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.

 

  1. ENTIRE AGREEMENT; ADDITIONAL MISC. TERMS.

 

The headings and summaries in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement, along with the Summary first listed above, the comments at right, and the Privacy Policy, constitutes the entire agreement between you and Company, govern the terms and conditions of your use of the Program, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Program.  To the extent the terms in the body of this Agreement conflict or contrast with the Summary above or to the right, the provisions in the body of the agreement will govern interpretation of this Agreement. Regardless, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Program.  Company may revise this Agreement at any time by updating it and posting it on the Program website, but not without first notifying you. Your continued use of the Program after being notified of any changes that have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

 

By proceeding to enroll in the Program, you agree that you understand and have thoroughly reviewed this Agreement before signing it, or that you have had ample opportunity to review it and have it fully explained to you.

 

If you have any questions regarding this Agreement, please contact Company at INFO@AVIATIONGIVESBACK.ORG.