Terms of Use
The
following Terms and Conditions of Use govern your use of the Cutter Aviation
web site (“the Site”), operated by Cutter Aviation, Inc.. Your use of the Site
constitutes your acceptance of and your agreement to be bound by these Terms
and Conditions of Use. Please read this page and the Cutter Aviation, Inc.
Privacy Policy carefully. If you do not accept these Terms and Conditions of
Use, do not use the Site. Cutter Aviation, Inc. may revise these terms of use
at any time. You should visit this page periodically to review these Terms and
Conditions of Use, because they are binding on you. Even if you do not read
these terms, you accept that you have notice of them and are bound by them.
Eligibility
You
must be 18 years of age or older to visit or use this Site. By visiting this
Site, you represent and warrant to Cutter Aviation, Inc. that you are 18 years
of age or older, and that you have the right, authority and legal capacity to
agree to and abide by these Terms and Conditions of Use. You also represent and
warrant to Cutter Aviation, Inc. that you will only use the Site in a manner
consistent with any and all applicable laws and regulations.
Use
of Content
As
a condition of your use of the Site, you represent and warrant to Cutter
Aviation, Inc. that you will not use the Site or any of the content of the Site
for any purpose that is unlawful or prohibited by these Terms and Conditions of
Use. You may not damage, disable, overburden, or impair the Site or interfere
with any other party's use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site. Materials
provided on the Site are provided as a service to Cutter Aviation, Inc. customers
to be used for informational purposes only. Cutter Aviation, Inc. makes no
representations about the suitability of such materials for any purpose.
The
contents of the Site including all elements thereof, such as text, graphics,
images, logos, button icons, software and other elements (collectively, " Cutter
Aviation, Inc. content"), are protected under both United States and
foreign copyright, trademark and other laws. All Cutter Aviation, Inc. content
is the property of Cutter Aviation, Inc. or its content suppliers. The
compilation (meaning the collection, arrangement and assembly) of all such
elements is the exclusive property of Cutter Aviation, Inc. and is protected by
U.S. and international copyright laws. Unauthorized use of the Cutter Aviation,
Inc. content may violate copyright, trademark, and other laws. You may not sell
or modify Cutter Aviation, Inc. content or reproduce, display, publicly
perform, distribute, or otherwise use the Cutter Aviation, Inc. content in any
way for any public or commercial purpose. The use of the Cutter Aviation, Inc. content
on any other web site or in a networked computer environment for any purpose is
prohibited.
Cutter
Aviation, Inc. Site Restrictions
You
may not use the Site to transmit, distribute, store or destroy material,
including without limitation the Cutter Aviation, Inc. content, (a) in
violation of any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security
of the Site, including, without limitation the following activities: (a)
accessing data not intended for such user or logging into a server or account
which the user is not authorized to access; (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, by submitting a virus to the Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing"; (d) forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting or (e) attempting to
“screen scrape” or otherwise engage in copying of content on Site. Violations
of system or network security may result in civil or criminal liability. Cutter
Aviation, Inc. will investigate occurrences involving such violations and will
cooperate with, law enforcement authorities in prosecuting users who commit
such violations.
User
Content and Submissions
You
are solely responsible for content that you submit on the Site. By submitting
content you grant, and you represent and warrant that you have the right to
grant, to Cutter Aviation, Inc. an irrevocable, worldwide, royalty-free license
to use the submission and to prepare derivative works therefrom. Cutter
Aviation, Inc. assumes no obligation whatsoever to use, respond to or pay any
compensation with respect to any idea, submission or suggestion provided by you
and may remove or delete any such idea, suggestion or submission at any time at
the sole discretion of Cutter Aviation, Inc.
Termination
Your
right to use the Cutter Aviation, Inc. site may be terminated if Cutter
Aviation, Inc., in its sole discretion, determines that you have violated these
Terms and Conditions of Use. In the event your right to use the Cutter
Aviation, Inc. site is terminated, your obligations under this agreement will
continue until the final resolution of any dispute relating to your use of the
site.
Disclaimer
Of Warranties
YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET
GENERALLY. CUTTER AVIATION, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON
THE SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY OF ANY KIND. CUTTER AVIATION, INC. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS,
AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO
EVENT WILL CUTTER AVIATION, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF
DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUTTER
AVIATION, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF YOUR USE OF THE SITE OR
THE CUTTER AVIATION, INC. CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, CUTTER AVIATION, INC. IS NOT RESPONSIBLE FOR THOSE
COSTS.
Indemnity
By
using the Site, you agree to defend, indemnify, and hold harmless Cutter
Aviation, Inc. and its respective officers, directors, employees and agents,
against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, resulting from (a) any user content or other
material you submit on the Cutter Aviation, Inc. site, (b) your use of any Cutter
Aviation, Inc. content, or (c) your breach of the terms of these Terms and
Conditions of Use.
Governing
Law
Your
agreement with Cutter Aviation, Inc. will be governed and construed in
accordance with the laws of the State of Arizona. All disputes between you, Cutter
Aviation, Inc., and it respective officers, directors, employees and agents
will be governed and construed in accordance with the laws of the State of Arizona
without regard to its conflicts of law rules.