AVIATION SECURE, INC.

 End User Agreement

(July 16, 2021)

 

PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

 

  1. The Services. Subject to the terms of this End User Agreement (this “Agreement”), Aviation Secure, Inc. (the “Company”) grants to you a limited, personal, non-shareable, non-transferable, and non-exclusive right to use the services described in sub-sections (a) through (f) inclusive, below (collectively, the “Services”) during the Term (as hereinafter defined). Your use of the Services shall be strictly in accordance with this Agreement and our General Privacy Policy and Website Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you any ownership rights in the Services, including the software and other intellectual property rights related to the Services.  The Services include:

 

  1. Providing education on aviation and travel related security courses;

 

  1. Streaming online a series of educational videos and associated materials in downloadable PDF format;

 

  1. Providing a series of online quizzes.

 

  1. For (CAM) Certified Aviation Managers ONLY. Ops 8 related materials.

 

  1. Providing a certificate of completion upon your successful completion of a course.

 

  1. Questions. Email address – [email protected]

 

  1.  Payment.  For access to and use of the Services, you agree to pay the amounts set forth in the Fee Schedule provided on the aviationsecureinc.com website.  You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Service. You will not be able to access the Services until payment is made.  In the event that you elect to pay for the Services with a credit or debit card, then, subsequent to your payment, you agree that you will not notify the bank, financial institution, or other provider of your credit or debit card to dispute the charge associated with the payment for the Services. In the event that a credit or debit charge is contested by you, you agree to the immediate termination of this Agreement without further notice and you further agree that Company is not responsible or obligated to provide you any Services.

 

  1. Your Obligations.  You agree to comply with our General Privacy Policy, Website Terms of Use, and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify the Company promptly if you suspect unauthorized use of your account. Until you notify the Company, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify the Company immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services.

 

  1. Term and Termination.

 

  1. Term. The Term of this Agreement shall commence upon your acceptance of this Agreement and shall continue for a period of ninety (90) days, unless earlier terminated as provided in this Agreement. You will have only ninety (90) days to complete the course that you purchased (the “Completion Window”). If you do not complete the course within the Completion Window, you will have to repurchase the course. A refund will not be provided if you fail to complete the course within the Completion Window.

 

  1. Termination by You. You may terminate this Agreement for any reason by upon providing the Company written notice thirty (30) days prior to the date of termination. 

 

  1. Termination by the Company. The Company may at any time and without advance notice modify or restrict your use of the Services if the Company determines, in its sole discretion, that your use of the Service: (a) violates the General Privacy Policy or Website Terms of Use; (b) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (c) violates any intellectual property rights of the Company or a third party; (d) violates any export or import regulations; (5) is disruptive or causes a malfunction of the Services; or (e) may expose the Company to potential legal liability. If you do not correct the violation within ten (10) days thereafter, the Company may terminate this Agreement. The Company may suspend or in its sole option terminate the Services if you fail to timely pay any amounts required under this Agreement.

 

  1. No Refunds. Upon your accessing the first video in any course, there will be no refunds of the payment you make for the Services because Company has conducted an analysis of its potential damages stemming from an early termination of Services provided and has made a genuine and non-pretextual effort to estimate a fair average compensation for the losses to be sustained from such an early termination. The results of such analysis and effort have demonstrated that the Monthly Subscription Fee is an adequate estimate of such damages.

 

  1. No Rights Granted. Nothing in this Agreement shall be construed as granting any rights under any patent, copyright, or other intellectual property right of the Company, nor shall this Agreement grant you any rights in or to the Company’s intellectual property other than the limited right to review such intellectual property solely for the purpose of receiving the Services.  Any breach of this paragraph by you shall be grounds for immediate termination of this Agreement including termination of the Services being provided to you.  Due to the unique nature of the Company’s intellectual property, you agree that monetary damages may be inadequate to compensate the Company for any breach by you of the terms and conditions of this paragraph.  Accordingly, you agree and acknowledge that any such violation or threatened violation may cause irreparable injury to the Company and, in addition to any other remedies that may be available, in law, in equity or otherwise, the Company shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by you.

 

  1. No Other Services and/or Relationships. By signing this Agreement, you agree, understand, and acknowledge the following:

 

  1. you are paying for the Services and no other service, good, or product;

 

  1. This Agreement does not create any relationship between you and any officer, director, shareholder, agent, employee, or independent contractor of the Company, or any person or entity related thereto;

 

  1. None of the Services are accounting, construction, medical, legal, or other services for which a license is required under the laws of the State of California;

 

  1. Regardless of who is an officer, director, shareholders, agent, employee, or independent contractor of the Company, you agree that no attorney-client, doctor-patient, or clergy-penitent relationship is created by this Agreement; and

 

  1. This Agreement does not create a partnership, joint venture, or employment relationship between the Company and you, and that the nature of the Company’s relationship to you is solely that of an independent contractor.

 

  1. Disclaimer of Warranties.

 

THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE METHODS TAUGHT IN THE COURSES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICE. YOU SHOULD NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

 

  1. Limitation of Liability.

 

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

 

  1. Uncensored Information.

 

YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET GENERALLY. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD-PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.

 

  1. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by the Company if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.

 

  1. Indemnity. You shall indemnify and hold the Company harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney's fees and disbursements) which the Company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of the Service, including the content of your Website or any information contained therein. To qualify for such defense and payment, the Company must: (a) provide you with prompt written notice of a potential third-party claim; and (b) allow you to control, and fully cooperate with you in, the defense and all related negotiations.

 

  1. Choice of Law and Venue. This Agreement shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles County, State of California.

 

  1. General Terms. Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of the Company. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or the Company, may be given by conventional first-class mail or by e-mail and are effective on the date received.

 

  1. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.