Terms of Use

WEBSITE TERMS & CONDITIONS OF USE

Thank you for visiting the Unical Aviation Inc. ("Unical") web site (the “Site”). BY ACCESSING AND USING THIS SITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW (THE “TOU”). IF YOU DO NOT AGREE TO THESE TOU, YOU MAY NOT ACCESS OR USE THIS SITE.

LIMITED LICENSE

This Site contains copyrighted material, owned or controlled by Unical and its licensors. You may access and use the Site solely for the purposes of learning, evaluating or obtaining information about Unical's products or services. You may also use the Site to download the materials on this Site to a single computer and print one copy of the material for internal use, provided that such copy shall retain all copyright and other proprietary notices contained thereon. This permission is not a transfer of title to the materials, and no other rights are granted to you to download, upload, store, copy, print, reproduce, alter, modify, transmit, distribute, or publicly display the downloaded materials. Nothing in the TOU should be construed as granting any right to you to use any trade names, trademarks, service marks or logos of Unical or its licensors without our prior written consent.

ACCESS TO PASSWORD PROTECTED PAGES

Certain services or content may be accessed through a password protected area on this Site. Access to and use of such areas is restricted to authorized users only. Such areas may only be accessed and used by the person or entity to whom the user account has been issued. You may not disclose your user account or password to any unauthorized person. You agree to notify Unical immediately if you discover any unauthorized use of your user account or any other breach of security.

INFORMATION SUBMITTED THROUGH THE SITE

Your submission of information through the Site is governed by Unical’s privacy policy, currently located at www.unical.com under Privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information to the extent necessary. You acknowledge that any feedback you provide through the Site about the Site or Unical’s products or services is gratuitous, and that Unical may use any feedback, comments, or suggestions you send to Unical without any obligation to you.

DISCLAIMER AND NO WARRANTY

THE SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED IN THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ERRORS, OMISSIONS AND INACCURACIES MAY BE CONTAINED IN THE SITE AND ITS INFORMATION, SERVICES AND MATERIALS. UNICAL MAKES NO, AND DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR TITLE, WITH RESPECT TO ITS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON IT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL UNICAL, ANY OF ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU, OR ANY ENTITY OR PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, ANY LINKED WEB SITE, OR THE USE OR INABILITY TO USE THE SITE, OR ANY LINKED WEB SITE, OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SITE, OR ANY LINKED WEB SITE, EVEN IF UNICAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE MAXIMUM AGGREGATE LIABILITY OF UNICAL, ANY OF ITS AFFILIATES OR ITS LICENSORS TO YOU, OR ANY ENTITY OR PERSON FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, SHALL NOT EXCEED TWO HUNDRED FIFTY U.S. DOLLARS (US $250).

LINKING AND THIRD-PARTY SITES

You are not permitted to hyperlink to Unical's icons, images, Site address or any page in Unical's Site. Unical also is not responsible for any hyperlinks to its icons, images, Site or any page in the Site. The Site may from time to time provide links to web sites operated and maintained by others. Unical makes no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the information located on such web sites and neither monitors nor endorses such web sites or the contents. Any links to other web sites are merely provided as a convenience to the user of this site.

INDEMNITY

You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of these TOU. Further, You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim

RIGHT TO CHANGE SITE AND TOU

Unical may modify, add, remove and otherwise change the Site and the contents, services and materials thereof. Unical may also change these TOU by any reasonable means, including by posting a revised TOU on the Site. Your continued use of this Site after such changes will constitute your acceptance of those changes.

GOVERNING LAW; JURISDICTION

This Site and its contents are maintained at Unical's headquarters in Litchfield Park, Arizona, U.S.A. Any access or use of the Site outside of the United States by you is not intended to subject Unical to any non-U.S. jurisdiction or law. Unical makes no representation that this Site or any content is appropriate or available for use in any other jurisdiction. You are responsible for compliance with all applicable laws and regulations, including the U.S. export laws and regulations. These TOU shall be governed by the laws of the State of Arizona, U.S.A., without giving effect to its conflicts of law provisions. Any dispute arising under or relating to this Agreement or about its interpretation will be resolved exclusively in the state or federal courts located in Phoenix, Arizona, U.S.A. Each party irrevocably submits to those courts’ venue and jurisdiction. You must commence any cause of action related to your use of this site within one (1) year after the claim or cause of action arises.

ENTIRE AGREEMENT

These TOU and the Privacy Policy constitute the entire agreement between you and Unical with respect to your use of this Site. If a court of competent jurisdiction finds for any reason that a provision of this TOU or a portion thereof is unenforceable, nevertheless that provision shall be enforced to the greatest extent permissible to give effect to the intent of this TOU and the remainder of the TOU shall continue in full force and effect.

TERMINATION

Unical reserves the right to protect this Site and its content from any perceived misuse. In such event and notwithstanding any language in these TOU to the contrary, Unical reserves the right to terminate your registration and block or prevent your future access to and use of this Site without notice to you.

MISCELLANEOUS

This TOU does not, and shall not be construed to create any partnership, joint venture, or agency relationship between you and Unical. You may not assign, transfer or sublicense any of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

COMMENTS AND QUESTIONS

We welcome your comments and questions regarding use of this Site by sending an email to marketing@unical.com. Please include your name, phone number, and email address with your comments or questions.