WEBSITE TERMS AND CONDITIONS
Last Updated: February 10, 2014
Pacific Aerodynamic, Inc. is pleased to provide to you its site, software, applications, content, products and services (“Pacific Aerodynamic Services”), which may be branded Pacific Aerodynamic, PacAero, or another brand owned or licensed by Pacific Aerodynamic, Incorporated. These terms govern your use and our provision of the Pacific Aerodynamic Services on which these terms are posted, as well as Pacific Aerodynamic Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Pacific Aerodynamic Services.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR PACIFIC AERODYNAMIC SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Pacific Aerodynamic, Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Pacific Aerodynamic, Inc.'s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Pacific Aerodynamic, Inc.'s express written consent.
Access to certain areas of this website is restricted. Pacific Aerodynamic, Inc. reserves the right to restrict access to other areas of this website, or indeed this entire website, at Pacific Aerodynamic, Inc.'s discretion.
If Pacific Aerodynamic, Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Pacific Aerodynamic, Inc. may disable your user ID and password in Pacific Aerodynamic, Inc.'s sole discretion without notice or explanation.
1. Contract between You and Us
This is a contract between you and Pacific Aerodynamic, Inc., a California corporation located at 889 North Main Street, Orange, California 92868, USA, or between you and any different service provider identified for a particular Pacific Aerodynamic Service. You must read and agree to these terms before using the Pacific Aerodynamic Services. If you do not agree, you may not use the Pacific Aerodynamic Services. These terms describe the limited basis on which the Pacific Aerodynamic Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Pacific Aerodynamic Services, such as rules for a particular service, sale or other activity, or terms that may accompany certain content or software accessible through the Pacific Aerodynamic Services. Supplemental terms and conditions will be disclosed to you in connection with such service, sale or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Pacific Aerodynamic Services. If you do not agree to any change to these terms, you must discontinue using the Pacific Aerodynamic Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Pacific Aerodynamic Services) if you fail to comply with any provision of these terms.
2. The Pacific Aerodynamic Services
The Pacific Aerodynamic Services are for your business or personal use and are intended for informational purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the Pacific Aerodynamic Services across wide geographic areas, aspects of certain activities, such as languages, may be altered to avoid delays.
The Pacific Aerodynamic Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Pacific Aerodynamic Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Pacific Aerodynamic Services may be used or exploited in any way other than as part of the Pacific Aerodynamic Services offered to you. You may own the physical media on which elements of the Pacific Aerodynamic Services are delivered to you, but we retain full and complete ownership of the Pacific Aerodynamic Services. We do not transfer title to any portion of the Pacific Aerodynamic Services to you.
Content and Software License
If a Pacific Aerodynamic Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your business use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Pacific Aerodynamic Service; decompile, reverse engineer, disassemble or otherwise reduce any Pacific Aerodynamic Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Pacific Aerodynamic Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Pacific Aerodynamic Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Pacific Aerodynamic Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE PACIFIC AERODYNAMIC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Pacific Aerodynamic Services
The Pacific Aerodynamic Services are constantly evolving and will change over time. If we make a material change to the Pacific Aerodynamic Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Pacific Aerodynamic Services
We do not allow uses of the Pacific Aerodynamic Services that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Pacific Aerodynamic Service or connected network, or interfere with any person or entity’s use or enjoyment of any Pacific Aerodynamic Service. You agree not to use any software or device that allows automated spamming, or other manipulation of a contact form or webmail client and you agree not to alter or otherwise modify a Pacific Aerodynamic Service or experience. Additionally, you agree not to access, monitor or copy any element of the Pacific Aerodynamic Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
If you access a Pacific Aerodynamic Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Pacific Aerodynamic Services. You agree that your access to the Pacific Aerodynamic Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Pacific Aerodynamic Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Pacific Aerodynamic Services may be prohibited or restricted by your network provider and not all Pacific Aerodynamic Services may work with your network provider or device.
3. Your Content and Information
The Pacific Aerodynamic Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, entries or other content (“User Information”), which may be accessible and viewable by the public. Access to these features is available to individuals 18 years of age or older. You may not submit or upload User Information that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Information; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Information, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Pacific Aerodynamic Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Information conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Information in all manners contemplated by these terms. You agree to indemnify and hold us and any of our subsidiaries and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Information. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Information against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Information that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Information or communications sent through a Pacific Aerodynamic Service, at any time and for any reason, including to ensure that the User Information or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Pacific Aerodynamic Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other applicable account information, or another person’s name or likeness, or provide false details. You agree that we may take steps to verify the accuracy of information you provide, including contact information for an employer.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Pacific Aerodynamic Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
You are responsible for taking reasonable steps to maintain the security of your information, and you are responsible for all activities that you can reasonably control. You agree to promptly notify us of any unauthorized use of your information, or of any other breach of security that you become aware of involving the Pacific Aerodynamic Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Pacific Aerodynamic, Inc.
889 North Main Street
Orange, California 92868, USA
Phone: +1 714-450-9140
Fax: +1 714-450-9141
We are only able to accept notices in the languages into which these terms are made available by us.
We will respond expeditiously to claims of copyright infringement committed using the Pacific Aerodynamic Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Pacific Aerodynamic Services hosted in the United States, these notices must include the required information set forth in the DMCA and can be read in full here.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Pacific Aerodynamic Services shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of the State of California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
Binding Arbitration and Class Action Waiver
You and Pacific Aerodynamic, Inc. agree to arbitrate all disputes between you and Pacific Aerodynamic, Inc. or its affiliates, except disputes relating to the enforcement of Pacific Aerodynamic, Inc. or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Pacific Aerodynamic Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Pacific Aerodynamic, Inc. must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Pacific Aerodynamic, Inc., 889 North Main Street, Orange, California 92868, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Pacific Aerodynamic, Inc. will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Pacific Aerodynamic, inc. do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, the liable party will pay all filing, AAA, and arbitrator’s fees and expenses. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the city of Orange, California, United States of America, and you and Pacific Aerodynamic, Inc. agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Pacific Aerodynamic, Inc. will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.