| Terms and Conditions |
|
Welcome to the The Flight School At Palm Springs Web site provided by The Flight School At Palm Springs. The following terms and conditions and any other policies, rules, or guidelines posted by The Flight School At Palm Springs on this site govern your use of this site. IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. Please read these Terms and Conditions carefully before using this site or purchasing any of the products or using any of the services available on or through it. These Terms and Conditions may be changed in the future without notice to you so please check back from time to time. Your continued use of this site after such changes constitutes your acceptance of the new Terms and Conditions. 1. The Flight School At Palm Springs grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Flight School At Palm Springs. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of The Flight School At Palm Springs. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Flight School At Palm Springs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Flight School At Palm Springs without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Flight School At Palm Springs's name or trademarks without the express written consent of The Flight School At Palm Springs. Any unauthorized use terminates the permission or license granted by The Flight School At Palm Springs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Flight School At Palm Springs so long as the link does not portray The Flight School At Palm Springs or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Flight School At Palm Springs logo or other proprietary graphic or trademark as part of the link without express written permission. 2. All content included on this Site, such as
text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software ("Content"), is
the property of The Flight School At Palm Springs or our suppliers,
sponsors, licensors or affiliates (collectively, "Business
Partners"), and is protected by United States and international
copyright law, trademark law, and trade secret law, as well as other
state, federal and international laws and regulations. We own a
copyright in this Site as a collective work and/or compilation, and in
the selection, coordination and arrangement of the Content. Except as
expressly provided in these Terms and Conditions, neither we nor our
Business Partners grant any rights to you under any patents,
copyrights, trademarks or trade secret information. You understand
that by using the Site, you may be exposed to Content that is
offensive, indecent or objectionable to you. Under no circumstances
will The Flight School At Palm Springs be liable in any way for any
Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content made available via the Site. You
agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. 3. We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, suggestions, ideas, concepts, comments, illustrations, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Submissions") are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Submissions of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on the Site or elsewhere. You shall not assert any proprietary right or moral right of any kind with respect to any Submissions. 4. We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site. 5. We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site. 6. It is The Flight School At Palm Springs's
strict policy to respect the intellectual property rights of others.
If you believe that your intellectual property has been infringed
upon, please provide us with the following information:
7. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER CHARACTERISTICS ARE EXACTLY COMPARABLE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. 8. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR THE SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, RETURN AND REFUND POLICIES, AND THAT WE HAVE NO LIABILITY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM. 9. You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you. 10. These Terms and Conditions and any other policies, rules or guidelines posted by The Flight School At Palm Springs on this Site and incorporated herein by reference constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us. Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein. 11. If you have any questions regarding this Site
or any requests for additional information concerning The Flight School At Palm Springs,
please send us an email or contact
us at:
|
Your
Use of this Site.
