Dated as of August 24, 2020, between User and Flight School Association of North America, Inc. (“FSANA")
The FSANA online services consist of this Website and any other Websites, Web pages, apps and other online technologies operated by FSANA (collectively, the "FSANA Websites").
FSANA Websites are provided by FSANA. By accessing a FSANA Website, you are indicating your acknowledgement and acceptance of this Terms of Use Agreement (this “Agreement”). This Agreement constitutes a legally binding contract between the user on the one hand (you and yours), and FSANA on the other hand. Please read this Agreement carefully before using a FSANA Website or activating a member account with FSANA. By using the FSANA Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions, as we may amend them from time to time by posting a revised version of this Agreement on the FSANA Websites.
Additionally, each of the FSANA Websites may contain additional terms of use that govern particular features or areas (for example, chat areas) of each such Website. In the event that any of the terms, conditions, and notices contained herein conflict with the terms, conditions and notices contained within any particular FSANA Website, then these terms shall control.
FSANA reserves the right to change the terms and conditions under which the FSANA Websites are offered, including but not limited to the terms and conditions set forth herein. You are responsible for regularly reviewing these terms and conditions and will, upon your use of the FSANA Websites after any such changes, be deemed to have agreed to such changed terms and conditions. The effective date of this Agreement is set forth above, and such date will be updated from time to time as changes are made.
Unless otherwise specified, the FSANA Websites are for your personal use, or business use if you are a business, but may not be used in a commercial manner. The restriction on commercial use includes the following: you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the FSANA Websites for money or any other consideration. The foregoing is not intended to limit the rights, prerogatives and privileges granted to FSANA members, annual partners, sponsors, Co-Branded Third Parties (as defined in the Privacy Policy) or exhibitors.
The FSANA Websites may contain links to other Websites which are not under the control of FSANA ("Third Party Linked Sites"). FSANA is not responsible for the content of any Third Party Linked Site, including without limitation any information that may be accessed via a link contained in a Third Party Linked Site, or for any changes or updates to a Third Party Linked Site. FSANA is providing these links to you only as a convenience and a resource. The inclusion of a link to a Third Party Linked Site does not imply endorsement by FSANA of the Third Party Linked Site or of any goods or services promoted in the Third Party Linked Site. Further, the inclusion of a Third Party Linked Site does not evidence any partnership or other association between FSANA and its operators. FSANA has not independently verified the content of any Third Party Linked Site, or of any site which may be accessed via a link contained on a Third Party Linked Site and FSANA disclaims any liability for and may not be held responsible for any such content.
As a condition of your use of the FSANA Websites, you warrant to FSANA that you will not use the FSANA Websites for any purpose that is unlawful or prohibited by this Agreement, and that you will not permit any other person to use your FSANA membership account unlawfully or in any manner prohibited by this Agreement. You may not use the FSANA Websites in any manner that could:
Notwithstanding the foregoing, certain information and materials, including for example the flight school search checklist, are intended for use by the public and/or by members for their own noncommercial purposes, and the FSANA Websites have been designed so that such information and materials may be downloaded or otherwise accessed for such use. You may access such information and materials without violating this Agreement.
Further, the foregoing is not intended to limit the rights, prerogatives and privileges granted to FSANA members, annual partners, sponsors, Co-Branded Third Parties (as defined in the Privacy Policy) or exhibitors.
The FSANA Websites, including the “Members Connect” section of www.fsana.com, may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group which may be limited to other members (collectively, "Interactive Services"). You agree to use the Interactive Services only to post, send, and receive messages and material that are proper material for public conversation, consistent with community standards and relevant to the particular Interactive Service. By way of example, and not as a limitation, you agree that when using an Interactive Service, you will not:
FSANA has no obligation to monitor the Interactive Services and does not control or endorse the content, messages or information found in any Interactive Service. However, FSANA reserves the right to review materials posted to an Interactive Service and to remove any materials at any time without notice in its sole discretion. FSANA reserves the right to terminate your access to any or all of the Interactive Services at any time without notice for any reason whatsoever.
FSANA reserves the right at all times without notice to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in FSANA's sole discretion. You may notify FSANA at info@fsana.com if you identify content which you believe violates FSANA’s standards for use of the Interactive Services, as described in this Agreement or otherwise.
Always use caution when giving out any personal information about yourself or your children in any Interactive Service.
FSANA specifically disclaims any liability for and shall not be held responsible for any content, messages, or information found in any Interactive Services and any actions resulting from your participation or the participation of others in any Interactive Service. FSANA disclaims liability for and shall not be responsible for any harm arising out of a participant’s failure to abide by these standards.
Participants are not authorized to speak on behalf of FSANA, and their views do not necessarily reflect those of FSANA.
Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
FSANA does not claim ownership of any materials you provide to FSANA (including feedback and suggestions) or post, upload, input, or submit (including but not limited to any materials you post, upload, input or submit to a Communication Service) to any of the FSANA Websites or its associated services (collectively "User Submissions"). However, by posting, uploading, inputting, providing, or submitting your User Submission you are granting FSANA, its affiliated companies, and necessary suppliers and sublicensees permission to use your User Submission in connection with the operation of the FSANA Websites including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Submission; and to publish your name in connection with your User Submission. You do not have any privacy rights in any such User Submissions.
No compensation will be paid with respect to the use of your User Submission, as provided herein. FSANA is under no obligation to post or use any User Submission you may provide and may remove any User Submission at any time without notice in FSANA's sole discretion.
By posting, uploading, inputting, providing, or submitting your User Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the User Submission.
The information, software, products, services and graphics included in or available through the FSANA Websites may include inaccuracies or typographical errors and may not be fully up to date or compliant with the applicable law in all of the legal jurisdictions in which you do business. FSANA is not in the business of providing, and has no intention of providing to you through the FSANA Websites, personal, medical, legal, financial, business or other professional advice. You should not rely upon information and guidance provided via the FSANA Websites for personal, medical, legal, financial, business or other decisions and you should consult a qualified professional for specific advice tailored to your situation.
FSANA and/or its members, partners, sponsors, Co-Branded Third Parties, exhibitors and suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and graphics contained on the FSANA Websites for any purpose. All such information, software, products, services, and graphics are provided "as is" without warranty of any kind. FSANA and/or its respective members, partners, sponsors, Co-Branded Third Parties, exhibitors and suppliers hereby specifically disclaim all warranties and conditions with regard to this information, software, products, services, and graphics, including without limitation all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall FSANA and/or its members, partners, sponsors, Co-Branded Third Parties, exhibitors and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including, but not limited to, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the FSANA Websites, with the delay or inability to use the FSANA Websites or related services, the provision of or failure to provide services, or for any information, software, products, services, and graphics obtained through the FSANA Websites, or otherwise arising out of the use of the FSANA Websites, any of the content thereof or any third-party content linked to through the FSANA Website, whether based on contract, tort, negligence, strict liability or otherwise, even if FSANA or any of its suppliers has been advised of errors or other shortcomings in the content of the FSANA Website or the linked to content or of the possibility of damages. If you are dissatisfied with any portion of the FSANA Websites, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the FSANA Websites.
FSANA reserves the right, in its sole discretion, to terminate your access to any or all FSANA Websites and the related services or any portion thereof at any time, without notice. FSANA Websites are intended only for people ages 13 and above.
This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Lehigh County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the FSANA Websites. Use of the FSANA Websites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FSANA as a result of this Agreement or your use of the FSANA Websites. FSANA's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FSANA's right and/or obligation to comply with applicable law and regulations and governmental, court, and law enforcement requests or requirements, including but not limited to relating to your use of the FSANA Websites or information provided to or gathered by FSANA with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement and the other website policies on the FSANA Websites constitute the entire agreement between the user and FSANA with respect to the FSANA Websites, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FSANA with respect to the FSANA Websites.
A printed copy of the then current version of this Agreement and of any other Website policies on the FSANA Websites and of any other notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By your use of the FSANA Websites, you agree to indemnify, hold harmless and defend FSANA, its officers, directors, members, employees, and agents and its partners, sponsors, Co-Branded Third Parties, exhibitors, and suppliers to the fullest extent permitted by law from and against any and all liabilities, claims, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and court costs) arising in any way out of your breach of any of the provisions of this Agreement.
All original contents of the FSANA Websites are: Copyright © 2020 FSANA 3111 Arcadia Avenue, Allentown, PA 18103, U.S.A. All rights reserved. FSANA owns all of the intellectual property rights to any non-third party trademarks, service marks and other marks and logos on the FSANA Websites (the “FSANA Trademarks”).
FSANA owns all of the intellectual property rights to the original content and FSANA trademarks contained in the FSANA Websites (the “Original Material”). You are granted a limited license only for purposes of viewing the Original Material contained on the FSANA Websites.
You are specifically restricted from all of the following, without first obtaining the prior written permission of FSANA:
The FSANA Websites may also include and/or provide links to articles and other copyrightable content prepared by third parties, and may include and/or provide links to other third party materials that may include third party names, trademarks, service marks, logos and other marks. All of the included or linked to protected third party content (the “Third Party Materials”) are the property of the third party or others and are subject to the rights of those third parties. You are granted a limited sublicense only for purposes of viewing the Third Party Materials included on the FSANA Websites. Any access or links to Third Party Materials are provided solely for your convenience and should not be construed as giving you permission to copy, distribute, edit or otherwise use such content.
Any rights not expressly granted herein are reserved. The foregoing is not intended to limit the rights, prerogatives and privileges of FSANA members, annual partners, sponsors, Co-Branded Third Parties (as defined in the Privacy Policy) or exhibitors.
Questions regarding this Agreement may be directed to FSANA at: info@fsana.com or by calling 610-791-4359.
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