Last updated: Jan 12, 2018
All materials included in AerospaceSociety’s Program are for individual use and are not to be duplicated, copied, disseminated or distributed without the expressed, written permission of AerospaceSociety Group. Our Self Study Programs are designed for illustrative purposes only and do not, in any way, constitute engineering design advice or recommendation.
ACCEPTANCE OF TERMS
Aerospacesociety reserves the right to update and change these Terms and the Services at any time. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you accept them.
AerospaceSociety does not mail paper invoices or statements. Statements can be requested by contacting us.
ACCOUNT & ELIGIBILITY
Certain of the Services require that you sign up for an account. By using the Services, you represent and warrant that (a) all information you submit to Aerospacesociety is truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account; (f) you will not share your account with anyone else. Your account may be deleted without warning if we believe that you have violated any of these Terms.
TERM & TERMINATION
This Agreement will remain in full force and effect while User uses the Services and/or has a Aerospacesociety account (the “Term”). User may terminate User account at any time, for any reason. Aerospacesociety may terminate or suspend User account at any time without notice, in its sole discretion, if Aerospacesociety believes that the User has breached this Agreement.
Upon termination of this Agreement, User shall discontinue its use of the Services. Notwithstanding the previous sentence, termination of this Agreement by Aerospacesociety shall not limit User's obligation to pay all of the applicable fees, nor restrict Aerospacesociety from pursuing any other remedies available to it, including injunctive relief.
User agrees that following termination of User’s account and/or use of the Services, Aerospacesociety may immediately deactivate User’s account and delete User’s data. User further agrees that Aerospacesociety shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data.
After User’s account is terminated, this Agreement will terminate, except for the provisions of the sections labelled “Payment & Fees”, “Intellectual Property”, “No Liability”, “No Warranty”, “Indemnity”, “No Waiver”, “Severability, Force Majeure, Entire Agreement & Headings”, “Representations and Warranties”, and “Governing Law”.
PAYMENT & FEES
AerospaceSociety's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
User agrees to pay to Aerospacesociety any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by Aerospacesociety for such Service. Fees paid by User are non-refundable, except when required by law.
During the Term, Aerospacesociety grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by Aerospacesociety are owned exclusively by Aerospacesociety or its licensors. All rights not granted to User in this Agreement are reserved by Aerospacesociety.
User shall not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming or interoperability interfaces of or used by the Services, by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or into the Services; (iii) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (iv) remove any product identification, copyright or other notices from the Services; (v) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vi) use the Services for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (vii) modify or incorporate the services into or with other software or create a derivative work of any part of the Services; (viii) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (ix) use the Services for any use other than User’s internal business use; (x) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xi) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. Aerospacesociety retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.
The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. Aerospacesociety owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded or online material will be permitted without the express permission of Aerospacesociety and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
The Services may allow you to submit, post, display or upload content including but not limited to text, files, photos and other materials (together the “Content”). You retain ownership of your Content, but by uploading or entering it onto any software, program or platform provided as part of the Services, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Services and associated support; and (ii) analyzing and improving the operation of the Services, or (iii) creating promotional marketing material. We reserve the right to remove Content on any software, program or platform provided as part of the Services that Aerospacesociety in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Aerospacesociety and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the terms and during the Term of this Agreement. Aerospacesociety may collect some Confidential Information from User which includes, without limitation, their name, phone number, email address, postal address, profile picture and payment information. Either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either of the parties, or (iv) information required to be disclosed pursuant to applicable law.
THIRD PARTY SERVICES
Aerospacesociety may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and purchase, access, or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Aerospacesociety’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Under no circumstances shall Aerospacesociety be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Aerospacesociety has been advised of the possibility of such damages.
AEROSPACESOCIETY WORKS TO KEEP THE SERVICES FUNCTIONAL, APPLICABLE, BUG-FREE AND SAFE BUT THE USER AGREES TO USE THE SERVICES AT USER’S OWN RISK. AEROSPACESOCIETY IS PROVIDING THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER AEROSPACESOCIETY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL AEROSPACESOCIETY OR ITS RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, OR ANY DAMAGES OR LOSS ARISING FROM THE PROPERTY MANAGEMENT SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER CIVIL LIABILITY ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY SOFTWARE, PROGRAM OR PLATFORM PROVIDED AS PART OF THE SERVICES EXCEPT IN THE CASE OF INTENTIONAL OR GROSS FAULT.
User agrees to defend, indemnify and hold harmless Aerospacesociety, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including without limitation, attorneys' fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
These Terms of Service shall be construed in accordance with the laws applicable in the province of Ontario, Canada, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or Corporation’s website shall be settled exclusively by arbitration in Toronto (Canada), in accordance with the Code of civil procedure of the province of Ontario.
SEVERABILITY, FORCE MAJEURE, ENTIRE AGREEMENT AND HEADINGS
If one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality and enforceability of the remaining provisions of this Agreement shall be unaffected. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
REPRESENTATIONS AND WARRANTIES
User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement, including but not limited to privacy laws. User agrees to comply with all of Aerospacesociety’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify Aerospacesociety for any costs, fines or damages incurred by Aerospacesociety due to User's failure to comply with this section.
The parties hereto have expressly required that this Agreement be drafted in English
Last updated: Jan 12, 2018
ACCEPTANCE AND APPLICATION
INFORMATION COLLECTION AND USE
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, social media profiles, banking information and other information you choose to provide.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
We will not sell, rent or disclose to outside parties the information we collect without your consent, save and except that we may share the collected information with other parties as follows:
- Affiliated Service Providers: We have agreements with various affiliated service providers to facilitate the rendering of our Services, with whom we may share the information we have collected. All administrative service providers that we use are required to have the same level of privacy protection as we have, and therefore we expect that your information will be handled with the same level of care that we employ.
- Statistical Analysis: We may share Non-Personal Information and aggregated anonymized information with third parties, including but not limited to, for statistical, machine learning, advertising or marketing purposes. No Personal Information will be shared in this manner.
- Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of our business assets. However, under no circumstances will such transactions result in your information being used for other purposes than those for which you gave us your consent.
The Services have security measures in place to protect the loss, misuse, and alteration of the information under our control. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any Personal Information or other information. You transmit Personal Information to us at your own risk.
We are not responsible for the privacy practices of other sites that you may click on when using our Services and encourage you to read their privacy statements.