GLOBAL AVIATION NAVIGATOR, INC TERMS & CONDITIONS: WHAT YOU AGREE TO WHEN USING THIS WEBSITE Welcome to GlobalAir.com, the Global Aviation Navigator, Inc Website (the “Website"). This Website is owned by Global Aviation Navigator, Inc (GAN) Inc. These Terms of Use ("Site Terms") impose conditions on your access to this Website (“Site”) and any use you (the ”User”) make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Global Aviation Navigator, Inc, its subsidiaries, or affiliates for other products or services. Global Aviation Navigator, Inc makes this Site available to its affiliates, customers, suppliers, and other aviation related companies. The Website, information and material presented on this Site are the property of Global Aviation Navigator, Inc. Use, duplication, and disclosure of the Site are subject to this Legal Notice. Use of the Website is an acceptance of these Terms and Conditions. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY. Limited License Subject to the terms and conditions stated below and all applicable laws and regulations, GAN grants you a non-exclusive, non-transferable, personal, limited license to access, use and display this Site. This license is not a transfer of title to the Site. You must retain all copyright and other proprietary notices on all copies of the Site. In addition, you may not modify the Site in any way or reproduce, publicly display, perform, distribute, create derivative works of, or otherwise use the Site for any public or commercial purpose, except as these Terms and Conditions specifically permit. You may not use the GAN Website to design, produce, or clone a derivative Site, or to obtain any government approval to do so. User General Conduct
Changes GAN may change any aspect of the Site or these Terms and Conditions at any time without notice. GAN also may impose limits on certain Site features and services or restrict your access to parts of the Site without notice. Changes to the Website and Terms and Conditions shall be effective immediately upon posting. Use of the Site after a change is an acceptance of such change. Although GAN will attempt to identify significant changes to the Website and Terms and Conditions, it has no obligation to do so. It is your responsibility to determine if there have been any changes to the Site or its Terms and Conditions. By using the Site, you agree to be bound by any such changes. Password Protected Information Portions of this Website require a User ID and a password to access and may require you to agree to additional terms and conditions. To apply for a User ID and a password, follow the instructions on the GAN Site for password-protected pages or contact your GAN representative. Copyright and Trademark The Website design, text, graphics, and the selection and arrangement of this GAN design, text and graphics, are the property of Global Aviation Navigator, Inc, Copyright © 2000-2014 Global Aviation Navigator, Inc. All rights reserved. Text or images bearing the symbols TM or ® are trademarks or registered trademarks and are used by permission of their respective owners. Intellectual Property The Site and the Materials comprise GAN and third party intellectual property, and are protected by United States and International laws. Except as otherwise provided, nothing contained herein shall be construed as granting any license or right to User under any patent, trademark, copyright or other intellectual property right of GAN or any third party. International Users and Jurisdiction GAN maintains and controls this Website from Louisville, Kentucky, USA. GAN makes no representation that this Site is available for use outside The Americas. Access to this Site from territories where the Site's contents are illegal is prohibited. If you access this Site from outside The Americas, you are responsible for complying with all applicable local laws. Third Party Material - Hyperlinks Certain links on the Website launch Internet sites that GAN does not control ("Linked Internet Sites"). GAN provides connections to Linked Internet Sites as a convenience to you, but does not endorse the Linked Internet Sites or any of the content, products, or services contained or offered on the Linked Internet Sites. GAN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER CONCERNING THE LINKED INTERNET SITES. The Site includes Material owned by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at the User's own risk and GAN is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material. Conducting Transactions on this Website Portions of this Website permit you to conduct transactions, such as buying or selling goods or services through GAN. In addition to these Terms and Conditions, such transactions are subject to GAN's standard terms and conditions of sale or purchase or other terms and conditions that you negotiated with GAN. The transactional pages have links to other terms and conditions specified by the Linked Internet Sites. Information and Material Submitted to GAN The sender of any communications to this Internet Site or otherwise to Global Aviation Navigator, Inc shall be responsible for the content and the information contained therein, including its truthfulness and accuracy. You have the option to submit information and materials related to your use of the Website to GAN by e-mail, through the Site, or by other means to provide feedback, ask questions, or for other purposes ("Submitted Information"). You expressly grant, or warrant that the owner of the Submitted Information has expressly granted, to GAN a world-wide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and prepare derivative works of the Submitted Information, in whole or in part and without any obligation of attribution, in any form, media or technology now known or later developed, subject to GAN's Website Privacy Statement. In addition, you irrevocably waive, or warrant that the owner of the Submitted Information has irrevocably waived, all "moral rights", all rights under the Visual Artists Rights Act, all rights of privacy and publicity, and the like, in the Submitted Information. Limitation of Liability As with all information you send over the Internet, information that you send to or receive from GAN is subject to interception, misappropriation, and misuse by third parties. Neither GAN nor any of its subsidiaries, employees, or other representatives shall be liable for any damages or costs, including any consequential, incidental, indirect, special, or punitive damages or costs, arising out of or in connection with your use of this Site. EXCEPT AS PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS AND CONDITIONS, GAN PROVIDES THIS WEBSITE ON AN "AS IS" BASIS AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GLOBAL AVIATION NAVIGATOR, INC DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS COMPLETE OR CURRENT. Privacy Policies Global Aviation Navigator, Inc is sensitive to privacy issues on the Internet and is strongly committed to protecting your privacy on our Site. GAN takes reasonable precautions to keep all information obtained from our online visitors secure against unauthorized access and use and we periodically review our security measures. GAN welcomes visitors to our Website and pledge that as we gather information about our customers, we will do so responsibly. All of our employees will safeguard the privacy of information about our customers. This same expectation is made of our vendors, contractors and suppliers. We set high standards for the protection of our customers' privacy over the Internet. Upon request, we will share with the customer what information we gather about them, how the information is collected, who uses it, how it is used, how long it is retained and the options available to control the use of collected information. The information collected from Users of our Website is used to ensure quality customer service. Information gathered will not be shared with persons or companies outside of GlobalAir.com Employ unless required by law. You may submit information for general inquiries, online ordering, inquiries for product and service information, and establishing a profile. We may use this information for customer contact purposes, (e.g., to contact or send materials for marketing purposes, or to notify customers of upcoming events and product information). However, we will take commercially reasonable steps to safeguard the information from unauthorized access, and will not make individually identifiable information that is gathered on our sites available to unaffiliated organizations for commercial purposes unrelated to our business. There may be instances where we generate general statistics about the information provided by Website Users. This analysis is not specific to any one User and is used for evaluation of the effectiveness of the sites. These statistics may be used to understand volumes of usage and to improve areas within the Site for all our visitors, Users and customers. We reserve the right to increase our information collection capabilities in order to support our customer needs. GAN, or agents on our behalf, will routinely use e-mail to respond to specific questions or issues, or to inform about events or product information. When requested, GAN will not send unsolicited e-mail to individuals who logon to our Website. Note: The GAN Website contains links to other aviation related Sites. Although we try to link only to Websites that share our concern for customer information privacy, we are not responsible for their content or their privacy practices they employ. Disclaimers UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL GLOBAL AVIATION NAVIGATOR, INC, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE MATERIAL, ANY GAN PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE MATERIAL PRESENTED, EVEN IF GAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GLOBAL AVIATION NAVIGATOR, INC, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) USE OF THE SITE OR THE MATERIAL, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) USER'S SUBMISSIONS TO THE SITE. Termination Notwithstanding any of these terms and conditions, GAN reserves the right, without notice and in its sole discretion, to terminate a User’s license to access the Website, and to block or prevent future access to and use of the Site. Questions or comments about the Site or its contents should be directed to: [email protected]
