These Terms and Conditions of Use ("Agreement") constitute a legal agreement between you and Paraclete Aviation Life Support, LLC (also herein referred to as the “Site’s Owner” or the "Website Owner"), the owner and developer of ParacleteLifeSupport.com (the “Website”). By registering for any service, ordering any goods, or otherwise obtaining any benefit provided on ParacleteLifeSupport.com you agree become a customer (“Customer” or “you”), and, as such, you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Customer.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PARACLETELIFESUPPORT.COM SERVICE, PURCHASE ANY GOODS THROUGH THE WEBSITE, OR CONTINUE USING THE WEBSITE. THIS SITE'S OWNER AND OPERATOR RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT WEBSITE OWNER’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO TERMS AND CONDITIONS OF USE .
- Limitations of Liability. CUSTOMER AGREES THAT WEBSITE AND WEBSITE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WEBSITE OWNER WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WEBSITE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE FEES PAID BY Customer TO WEBSITE OWNER FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY AROSE. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Customer. In such jurisdictions, Customer agrees the liability of Website Owner, its Subsidiaries, Affiliates, Licensors, Licensees, Service Providers, Employees, Agents, Officers, and Directors will be limited to the greatest extent permitted by law as further described in Section 2 hereof.
- Responsibility for Use of Website.By using this Website, you assume the risk, and accept all liability for any and all damages, harms, injuries, etc., of any kind, associated with your use of the Website. You further agree, to the fullest extent permitted by law, subject only to the terms of Section 1 of this Agreement, to fully release, hold harmless, waive any and all liability against, indemnify and defend Website Owner against any and all claims for damages, injuries, wrongful death, or any other losses whatsoever—including those of third parties—resulting (either as the proximate cause or cause in fact) from your use of the Website.
- Do Not Rely on Website. Opinions, advice, statements or other comments, whether appearing on a blog or otherwise on ParacleteLifeSupport.com or any site, page, or section thereof, to which the Website links, should not necessarily be relied upon and are not to be construed as professional advice from Website or Website Owner. Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
- Warning re: Offensive Information.It is possible that you may encounter material on the Website you judge to be obscene or offensive, or may receive such material through methods of electronic communication, including e-mail as the result of using the Website. It is also possible that by using your e-mail address, other people may, through other means outside the control of Website or Website Owner, have access to personal information about you. Website, Website Owner, its employees, agents, affiliates, licensees and web hosting services hereby disclaim any and all responsibility for these transmissions or for the unintentional release of such information by others about you.
- Right to Monitor.Website and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Website Owner immediately. It is up to you to maintain the confidentiality of your password and account. Website is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
(a) Website Owner and Customer agree that all personal information Customer gives to Website or Website Owner, will be kept confidential by Website and Website Owner, with the following exception:
Any information you publicly post on Website, including: (1) basic biographical information (e.g., age, sex, race, etc.) posted in connection with your user ID for others to view; (2) your personal information intentionally provided for others to see; (3) information in messages you send to another customer through the Website, which may disclose your e-mail address to that customer, or (4) information disclosed as the result of you having harassed another person via any service provided by Website, in which case the confidentiality clause contained in this Agreement is rendered null and void.
(b) Any passwords used for this website are for the Customer’s individual use only. You will be responsible for the security of your password(s). From time to time, Website may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources, or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Website reserves the right to release your account details to system administrators at other websites, or the authorities, in order to assist them in resolving security incidents. Website reserves the right to investigate suspected violations of this Agreement. Website and Website Owner reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Website to disclose the identity of anyone posting any electronic messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
(c) It is Website’s, and Website’s Owner’s, policy to release a Customer’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold Website and Website Owner harmless from any claims resulting from any action taken by Website during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Website or law enforcement authorities.
- Ownership, Copyrights, Trademarks, Licenses.You acknowledge and agree that the website and any software or programs used with respect to any Website Owner’s services contain proprietary and confidential information that is the property of Website Owner and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on Website or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Website’s services or software, in whole or in part. You agree that the trademarks, service marks, logos, and copyrighted works appearing on Website are the property of the Website Owner or of those persons, companies, government agencies, or other entities to whom they are registered or otherwise belong, under applicable law. Subject to applicable law and any relevant agreements between Website Owner and the owner(s) of any trademarks, service marks, logos, and copyrighted works appearing in Website, Website Owner retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you by virtue of your use of Website, or otherwise, except by express, written, signed agreement between you and Website Owner.
- NO WARRANTIES. THE USE OF WEBSITE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITESERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEBSITE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.
- Arbitration.Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) or three (3) arbitrators sitting in Tennessee, (Montgomery County). The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Tennessee. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THISWEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
- Certification.You certify that you are at least 18 years of age and that your answers to the registration materials on Website will be truthful. In accessing and using Website, you understand and agree that basic information concerning you, given to Website, may be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER AN ACCOUNT FOR THE USE OF, ACCESS, OR USE ANY SERVICE PROVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
- Entire Agreement. This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Website and Website Owner with respect to the Website and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use Website or any of its services. Website Owner may revise these Terms and Conditions of Use at any time, and such changes will be effective from and after the date that the same are delivered to you by e-mail or regular mail. Your continued use of Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
- No Waiver.The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
- Contact. If you have any questions regarding this Agreement, please contact the website.
You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document.