SERVICE TERMS AND CONDITIONS

Thank you for using Hangar67 henceforth referred to as the "Site". These Terms and Conditions apply to the Site as well as any versions of the Site that Hangar67 owns and operates including but not limited to print materials and publications, mobile applications, and any other electronic media or medium. By using the Site, you hereby agree that you are at least eighteen (18) years of age and agree that you are subject to these Terms and Conditions and the Site Privacy Statement.

Description of Services

The Company operates the Site as an online advertising and research service for aviation buyers, sellers and enthusiasts. The Site does not sell aircraft, parts, or services directly and is never a party to any transaction between buyers and sellers. As a result, the Company does not (a) guarantee or ensure any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any goods.

Site Content

All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Hangar67, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of the Company.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by the Company and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. Other product and company names herein may be trademarks of their respective owners.

Software

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by the Company and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials

By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant the Company a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future.

Company Rights

The Company reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that the Company (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.

Representations/Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold the Company and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Idea Submission

The Company does not accept unsolicited ideas, suggestions, ideas or improvements to the Site, marketing, advertising, promotions, service offerings, product and service names and marks whether written, verbalized, or any other form ("Submissions"). Do not send any original creative artwork, samples, demos, or other works for such purposes. This policy serves to avoid confusion or misunderstanding or dispute when the Company’s products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Suggestion made to the Company will not be treated as proprietary information of you, and will be received by the Company without any obligations of confidence whatsoever. Second, you grant the Company, its affiliated companies and necessary sub-licensees permission to use and a grant of a worldwide, non-terminable, royalty-free, full assignable and transferable right and license in perpetuity to use and apply your Suggestions for any purpose(s) the Company considers fit in its sole discretion. Third, the Company is under no obligation to use your Suggestion or pay you anything for your Suggestion. Fourth, you confirm that you will own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit, or for the Company to use your Submissions. If you identify problems with the usability, operability, or interoperability of the Site, you may deliver or suggest amendments or "bug fixes" for the Company’s consideration. The Company shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by the Company into products and Services provided by the Company for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or "bug fixes", whether accepted or not, shall transfer to the Company at no cost as a royalty free right granted in perpetuity. If you wish to present a business proposition between yourself and the Company on a confidential basis, you should first enter into negotiations with the Company to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to the Site Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or telephone numbers to advertise or promote products and services to the Site’s advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Site’s hardware and software infrastructure (collectively, "Prohibited Activities").

Trade Secrets

You agree that the compilation of Material on the Site constitutes a trade secret owned by the Company and Site. While the Material of an individual listing may not be the property of the Company, the compilation of the Materials collectively constitute a trade secret. The Company owns numerous other trade secrets including but not limited to customer lists, pricing information and strategies, marketing strategies, aircraft and parts data, databases, and software code and techniques. The Company has taken sufficient security measures to protect these trade secrets. Significant effort has been made to create these trade secrets ans associated services by the Site and Company. Any access, copying, downloading, saving or use of the Company’s trade secrets is a violation of the Uniform Trade Secrets Act (UTSA) and related state laws.

Advertising Agreement

By listing your aircraft, parts or other listings for sale through the Site's services (the "Listing Service"), you acknowledge and agree to all of the following advertising terms.

By creating a listing for sale through the the Site, you acknowledge and agree that: (a) the property you list for sale is in your possession or you have a contractual agreement with the owner to sell said property; (b) you have the right to transfer the advertised property’s title to the purchaser or that right is retained by your client through contract; (c) you or the owner of property are willing to sell the advertised property at the price and on any other terms specified in your listing; (d) you will purchase only one unique listing per property item and you will not advertise more than one item in a single listing, either by including descriptions of multiple aircraft or parts in one listing or by subsequently updating the listing information to advertise different property; (e) upon selling or otherwise taking your property off the market, you will within 72 hours inactivate the listing for that property; (f) you will not use your listing to advertise or promote anything (including, without limitation, any product, service or business) other than one unique item offered for sale; (g) you will owe the Site for your listing, even if you fail to sell your property or are dissatisfied with the experience; (h) you will properly identify yourself as either an "Individual Seller" or a "Dealer/Broker" (a "Dealer/Broker" is any individual or entity that is in the business of selling aircraft or aircraft related parts or who has had 4 or more items for sale on the Site within the previous 12 months of the listing start date; anyone that does not meet the definition of a Dealer/Broker is an "Individual Seller"); (i) Neither an "Individual Seller" or a "Dealer/Broker" may list 4 or more Free, Plus, or Premium ads during a single calendar year. A "Dealer/Broker" may list an unlimited amount of Single Dealer Ads; (j) if you placed a listing with a material error that cannot be corrected through the the Site provided tools, you will contact the Site customer service within 10 days of your original listing date to inquire about making material changes to your listing (e.g., through a typographical error, you listed the wrong model for sale) and the Site shall determine, in its sole discretion, whether such changes will be permitted; (k) you will not use the Site, including without limitation your listing, for any fraudulent, false, misleading or deceptive activity; (l) all content and information that you provide to the Site is truthful, accurate and complete; and (m) you or your client have the full right, title and interest in and to all content, photos and other material that you provide to, or post on the Site; (n) photos provided for your listing will only show the property listed for sale and may not include under any circumstances other advertisements, people, animals, or other objects not part of the property. The Site reserves the right, in its sole discretion, to remove any listing or photo, without notice and without liability or providing a refund, that does not meet the requirements of these terms and conditions, the Sites website Terms of Service, the Site’s policies, or if the Site otherwise determines or believes, in the Site's sole and exclusive discretion, that your listing or any photo or other content you upload is inappropriate for any legal, business, technical or other reason.

As a general matter, the Company does not provide refunds for listings more than 24 hours after a listing is purchased except under the following circumstances: (a) if it took longer than 72 hours for your listing to be posted to the Site OR (b) if you mistakenly purchased a duplicate listing for the same property and both appear on the Site at the time of your request. In order to be eligible to receive a refund under these two circumstances, the Company must receive your refund request in the manner described below within 5 calendar days of your purchase of a listing.

The Company further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances. The Company does not provide refunds under any other circumstances. Notwithstanding anything in this policy to the contrary, the Company reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.

All refund requests must be in writing and include your name, address, e-mail address, property description, the last 4 digits of the credit card used to purchase the listing, and the reasons you are requesting a refund. Please send all refund requests through our e-mail contact form.

The Company is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone, postal mail, or any other manner not expressly provided for in this policy.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO LISTINGS AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PROPERTY, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT THE PROPERTY ADVERTISED ON THE SITE. THE COMPANY CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL LISTINGS ARE SUBJECT TO PRIOR SALES. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A LISTING MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE PROPERTY. THE COMPANY DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR PROPERTY, OBTAIN AN ACCEPTABLE PRICE FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service

You understand and agree that in the Company’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and the Company may exercise any other remedy available and remove any Materials, if the Company believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of the Company, any Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that the Company post a bond. The Company is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in the Company’s sole discretion, you have violated these Terms of Service.

Miscellaneous

These Service Terms and Conditions may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Company may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by the Company. The Company does not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in New Castle County, Delaware, within one, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in New Castle County, Delaware, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by the Company to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.