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Terms of Service
AVIATION SKILLS MATRIX TERMS OF USE By using Aviation Skills Matrix you agree to the following Terms of Use. Please read them carefully. These Terms of Use were posted here on 3/28/2008. To find out about what may have changed from the last version of these Terms of Use, please view the archive. ACKNOWLEDGMENT AND ACCEPTANCE OF AVIATION SKILLS MATRIX SERVICE TERMS OF USE Welcome to Aviation Skills Matrix. Aviation Skills Matrix offers a comprehensive and concise format to capture training histories, skill sets and proficiency levels for professionals in the aeronautics industry. By utilizing Aviation Skills Matrix software and services (the "Service"), you signify that you agree to the following specific terms of use. You understand that Aviation Core Matrix, L.L.C. and its vendors and partners (collectively, "ACM") make available online information and services to individual and business users of Aviation Skills Matrix. By submitting your information and using the Service you are indicating that you are 13 years old or older and agree to be bound by these Terms of Use (the "Agreement"). If you are over 13, but under 18 you are also indicating that you have received consent from your parent or guardian and they have agreed on your behalf to be bound by all of the terms of use in this Agreement. You acknowledge that the Agreement may be modified or terminated at any time. Any changes will appear on this page. It is your responsibility to refer to the Agreement prior to using Aviation Skills Matrix. You will be deemed to have accepted any change to this Agreement if you continue to use the Service after that change has been posted here. Article 1. ELIGIBILITY This Service is intended solely for users who are thirteen (13) years of age or older, and you must submit certain requested information to ACM including your correct e-mail address. By using the Service you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your content and profile may be deleted and your Membership may be terminated without warning if ACM believes that you are under 13 years of age. Membership in the Service is void where prohibited. Article 2. AVIATION SKILLS MATRIX SERVICE The Service consists of the software, features, products, functions, services and content provided by ACM and third parties through the web site. As part of the Service, ACM stores your data on its computer servers and those of third party partners. ACM continually improves Aviation Skills Matrix (the "Software") and the web site and you are entitled to those improvements as long as you maintain your membership. In order to use the Service, you must be able to access the Internet. This may include access to a computer, modem or any other necessary equipment. ACM does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access. Article 3. MEMBERSHIP A "Member" is a person (i) who is at least 13 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Terms of Use, (iii) who has paid, or whose employer or other sponsor has paid the registration fee, (iv) whose e-mail address and required account information have been provided to ACM and recorded on ACM records as the person responsible for a specific Aviation Skills Matrix user account, and (v) who uses the Service. A "Sponsored Member" is a Member whose membership fee has been paid by his or her employer or other sponsor. An "Individual Member" is a Member who has paid the registration fee. You must provide ACM with certain information in order to register for the Service (the "Registration Information"). This Registration Information currently requires you to submit the following items (i) a valid e-mail address and (ii) your first and last name. ACM uses this information to communicate with all Members. It is your sole responsibility to ensure that all Registration Information is accurate and complete at all times. If any Registration Information provided by you is untrue, inaccurate, not current or incomplete, ACM has the right to terminate your account and refuse you any and all current and future use of the Service. You are solely responsible for your interactions with other Aviation Skills Matrix Members and third parties. ACM reserves the right, but has no obligation, to monitor disputes between you, other Members and third parties. Article 4. SECURITY OF REGISTRATION INFORMATION You are responsible for maintaining the confidentiality of your e-mail address and password and for any and all activities that occur under your password or account. You agree to immediately notify ACM of any unauthorized use of your account or any other security breach known to you. All registration passwords selected by you are encrypted on the ACM servers. ACM encrypts user registration passwords using a one-way hash and has no access to user registration passwords. Forgotten or stolen passwords are the sole responsibility of users of the Service. You may request a link to reset your password, which will be e-mailed to your e-mail account of record. Article 5. YOUR DATA If your employer or other sponsor has paid a membership fee for you, then until your employer deactivates your account, your employer or other sponsor and their affiliated entities have access to your information. If you have purchased your own individual membership and you do not have an employer or another entity sponsoring you, only you have access to your information. If you have purchased your own individual membership and if you have an employer or another entity sponsoring you, then your employer or sponsor and their affiliated entities will see your information. If you choose to make yourself available for employment candidate searches, then other entities will have access to your information. Candidate searches are tailored by each employer to suit their needs according to their own specific parameters. During these searches, the skill sets and training contained in your STAReport will be available for prospective employers to compare with others, but without any of your identifiable personal information. Employers who are interested in your qualifications may then purchase your entire STAReport. ACM considers the data that you enter in Aviation Skills Matrix to be your private information. ACM will not edit or disclose information about you or your private content without your consent, except that you agree that ACM may do so in accordance with its then-current Privacy Policy or in the good faith belief that such action is reasonably necessary: (i) to comply with any laws, rules or regulations; (ii) to comply with any legal process; (iii) to enforce this Agreement; (iv) to respond to claim’s that the data violates the rights of third parties; (v) to protect the interests of ACM or others. You acknowledge and agree that ACM may access your data as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business. In order to use the Service, you agree to abide by the current ACM Privacy Policy. You acknowledge and agree that ACM is not responsible or liable for the content and usage of your online data. You agree not to store or share through the Service or the web site: social security numbers, credit card data, credit card numbers or financial or credit histories of other individuals; information or content that infringes on the intellectual property rights of another party; or any other illegal information. If you are under the age of 13, you may not post or submit any personally identifiable information about yourself on the web site. Article 6. PRIVACY By using the Service you acknowledge that any information ACM receives from or about you will be treated according to our Privacy Policy. Article 7. TERMINATION OF THE SERVICE You agree that ACM may terminate your password, account or use of the Service at its sole discretion, including, without limitation, if ACM believes: (i) that you have violated or acted inconsistently with this Agreement; (ii) that you are not in compliance with ACM Privacy Policy; (iii) that you have violated the rights of ACM or other users or parties; or (iv) that your account is not in good standing with respect to payment of subscription fees if applicable. You acknowledge and agree that termination of the Service under this provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that ACM may immediately delete and discard all your data in your account and bar any further access to your data or the Service if ACM terminates your account for violation of this Agreement. ACM will not provide a copy of your data to you. You may choose to cancel your account with ACM at any time. A cancellation initiated by you will be called a voluntary termination. Article 8. TERMINATION OF A SPONSORED MEMBERSHIP As a Sponsored Member, your membership may be terminated at the request of your employer or other sponsor. After receipt of the termination notice from your employer or other sponsor, ACM will terminate your account, membership benefits and delete all your data. ACM will not provide a copy of your data to you. Article 9. TERMINATION OF AN INDIVIDUAL MEMBERSHIP You may choose to cancel your Individual membership (membership of an Individual Member) with ACM at any time by accessing your account settings page. A cancellation initiated by you will be called a voluntary termination. One time subscription fees and yearly subscription fees, once paid, are not refundable. After receipt of your termination notice, ACM will deactivate your account and membership benefits. ACM will not provide a copy of your data to you. Article 10. LIMITATION OF LIABILITY ACM WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA. ACM WILL NOT BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, THE TERMINATION OF THE SERVICE OR THE COST OF ANY SUBSTITUTE SERVICE WHETHER OR NOT FORESEEABLE AND EVEN IF ACM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. ACM WILL NOT BE LIABILE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTABIBLE LOSS OF INCOME, REVENUES, PROFITS, DATA OR INFORMATION. THIS SECTION SHALL APPLY TO ANY ACTION OR ARBRITRATION PROCEEDINGS. YOU AGREE THAT ACM IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU. ACM and its sponsors are independent contractors. ACM IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY SPONSOR OF THE SERVICE, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANY LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY SPONSOR OR OTHER THIRD PARTY IN CONNECTION WITH THE SERVICE. Article 11. GENERAL DISCLAIMER ACM PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. ACM FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ALTHOUGH ACM WILL TAKE REASONABLE STEPS TO PROVIDE ERROR-FREE AND CONTINUOUS SERVICES, ACM DOES NOT REPRESENT OR WARRANT OR GUARANTEE UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. ACM IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION. Article 12. YOUR CONDUCT You agree to abide by all ACM standards and applicable local, state, national and international laws and regulation in your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely responsible for your actions and contents of your entries through the Service. You agree not to impersonate any person or entity, including but not limited to an ACM official, or falsely state or otherwise misrepresent you affiliation with a person or entity. In addition, you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You must be at least thirteen (13) years of age to use Aviation Skills Matrix. In addition, you agree not to use the Service or the web site to: a) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; b) use the Service for illegal purposes; c) interfere or disrupt networks connected to the Service; d) use the Site or the Service for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind; e) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; f) use automated scripts to collect information from or otherwise interact with the Service or the Site; g) transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; h) upload content to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; i) upload, post, transmit, share, store or otherwise make publicly available on the web site any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; j) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; k) intimidate or harass another; l) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; m) use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the web site; or n) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ACM, is objectionable or which restricts or inhibits any other person from using or enjoying the Service or the web site, or which may expose ACM or its users to any harm or liability of any type. ACM may at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions. Article 13. NO RESALE OF THE SERVICE Your right to use the Service is personal to you and you may not resell all or any portion of the Service. You agree not to reproduce, duplicate, copy, sell or resell the Service or your use of or access to the Service. Article 14. INDEMNIFICATION You agree that ACM will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, ACM’s Privacy Policy or infringements on the rights of any third parties as a result of your use of the Service or the web site. You also agree to indemnify ACM and its officers, directors, employees, agents, business partners and other third-party information providers for any and all claims that may arise from your violation of this Agreement. Article 15. PROPRIETARY RIGHTS TO THE CONTENT You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Service or the web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this content as expressly authorized by ACM, and may not copy, reproduce, distribute, or create derivative works from this content without express authorization. Article 16. SYSTEM INTEGRITY You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction conducted on the web site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. Article 17. GOVERNING LAW The laws of the State of Indiana shall govern this Agreement and the relationship between you and ACM. You agree that any grievances shall be settled according to the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose. The headings used for the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation. If there is a final determination that any provision of this Agreement (or any portion of the Agreement) is invalid, illegal or unenforceable for any reason whatsoever: (i) the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby; and (ii) to the fullest extent possible, this Agreement shall be construed so as to give effect to the intent manifested by the provision held invalid, illegal or unenforceable. Article 18. CONTACT INFORMATION Any questions or comments can be directed to support@aviationskills.com.
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