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WEBSITE TERMS AND CONDITIONS
Welcome to the International Training Fund (“ITF”) websites located at http://uauniversity.org/, and http://uavip.org/ (collectively, the “Sites”). The following terms and conditions (“Terms”) govern your use of the Sites.
By accessing, viewing, or using the content, material, or services available on or through any of the Sites, you represent that you are 18 years of age or older, that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use any of the Sites and must exit immediately.
2. User Content. Certain features of the Sites may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Sites (collectively, “User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Sites and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to ITF, you grant ITF a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Sites violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms.
3. Proprietary Rights. As between you and ITF, ITF owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Sites (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and ITF, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Sites are proprietary to ITF or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Unauthorized Activities. You agree that you will not use the Sites for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, patent, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with ITF; (c) attempting to gain unauthorized access to ITF’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Sites or any services provided through the Sites; (d) any resale or commercial use of the Sites; (e) any downloading or copying of the Site Materials for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Sites to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Sites aimed at preventing or restricting the unauthorized use of the Sites or any of the Site Materials. You may use the Sites and the Site Materials only as consistent with these Terms. Any other use of the Sites or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of ITF is strictly prohibited. You acknowledge and agree that the unauthorized use of the Sites or the Site Materials could cause irreparable harm to ITF and that, in the event of such unauthorized use, ITF shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Third Party Websites and Content. The Sites may contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. The Sites may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, the Sites and the Site Materials, and any other material or content on and made available through the Sites is entirely at your own risk. ITF does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites is at your own risk, and subject to the terms and conditions of such other websites. ITF does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Sites.
6. Disclaimer. The Sites and the Site Materials are for informational purposes only. Without limiting anything else in these Terms or otherwise, ITF is not responsible for any errors or omissions in the Sites or Site Materials. ITF, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Sites. ITF reserves the right to immediately remove any Site Materials or User Content for any reason, or for no reason. ITF cannot and does not review all communications, products, or services made available on or through the Sites, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Sites or the products or services made available in connection with the Sites, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITES, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. ITF AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITES, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.
7. LIMITATION OF LIABILITY. ITF AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ITF HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ITF AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITES, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ITF AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Sites or with any of these Terms, or feel ITF has breached these Terms, your sole and exclusive remedy is to discontinue using the Sites.
8. Indemnification. You shall indemnify ITF and its directors, officers, employees, agents, contractors, customers, clients and licensors (“ITF Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Sites and your use of the Sites, the Site Materials or any services, product or data obtained through the Sites, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sites, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Sites, except to the extent attributable to ITF, or any breach by you of these Terms and shall indemnify and hold ITF Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of ITF. ITF or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If ITF or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to ITF, subject to the right of ITF to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
9. Internet Security. ITF uses reasonable efforts to ensure that the Sites are generally available. However, there will be occasions when access to the Sites will be interrupted or unavailable. ITF will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that ITF shall not be liable to you for any modification, suspension or discontinuance of the Sites. You understand that the technical processing and transmission of any content to or from the Sites (including the Site Materials) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Sites will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to ITF via the Sites or the Internet, including, for example, personal information such as your name or address.
10. Complaint Procedures. If you believe that any content or postings on the Sites violates your intellectual property or other rights, please notify ITF through one of the contact methods set forth at http://www.uavip.org/contact with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
11. Changes to these Terms; Termination. ITF reserves the right at any time to modify, alter or update these Terms. Your use of the Sites following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Sites before the change was made. It is the obligation of users visiting the Sites before the change to learn of changes to the Terms since their last visit. ITF may suspend or terminate your account and/or your ability to use the Sites, or any services on the Sites, for failure to comply with these Terms, for providing ITF with untrue or inaccurate information about yourself, for infringement upon ITF proprietary rights, or for any other reason whatsoever or for no reason.
12. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and ITF with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Maryland, without reference to its conflict of law rules. You hereby consent and agree to the exclusive jurisdiction of the state courts located in Annapolis, Maryland and the federal courts located in the District of Maryland, and you hereby irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
13. Miscellaneous. The Sites are controlled and operated from within the United States. Without limiting anything else, ITF makes no representation that the Sites, Site Materials, User Content, services, products, information or other materials available on, in, or through the Sites is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own volition and are fully responsible for compliance with applicable laws. The waiver or failure of ITF to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: March 14, 2016
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