Note! You are concluding a Legally Binding Agreement.
By accessing, viewing, downloading or otherwise using TEAM.Aero or any webpage or feature available through TEAM.Aero, any information provided as part of the TEAM.Aero or TEAM Online, LLC services, or any related emails, newsletters or services (hereinafter collectively “TEAM.Aero” or the “Services”), or by clicking “Register” during the registration process, you conclude a legally binding agreement with the owner and operators of TEAM.Aero, TEAM Online LLC, 986 Surrey Oaks Drive, Collierville, Tennessee 38017, USA based on the terms of this TEAM.Aero User Agreement (“Agreement”) and become a TEAM.Aero user (“User”). If you are using TEAM.Aero on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any TEAM.Aero webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
Copyright Infringement and Content
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform TEAM.Aero in the event that any such information has changed since your registration with TEAM.Aero and, if appropriate, you agree to make such modifications yourself to your profile.
Prior to joining TEAM.Aero, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of TEAM.Aero Users and to TEAM.Aero and you must not communicate to TEAM.Aero and its Users any information the dissemination of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from TEAM.Aero; (c) are not a direct competitor of TEAM.Aero; (d) do not have more than one TEAM.Aero account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to TEAM.Aero, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (email@example.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your TEAM.Aero account or any information therein to another party or charging anyone for access to any portion of TEAM.Aero, or any information therein.
Indemnify us: You will indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to TEAM.Aero or (c) any activity in which you engage on or through TEAM.Aero.
Pay: If you decide to subscribe to any optional services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Premium Services: If you have access to any TEAM.Aero’s Premium Services, this User Agreement applies to your use of such services.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your TEAM.Aero account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
Export Control: Your use of TEAM.Aero services, including its software, is subject to export and reexport control laws and regulations, including the the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.2. Your Rights — What You May Do
The purpose of TEAM.Aero is to provide a service to facilitate professional aviation networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.
For as long as TEAM.Aero continues to offer services, TEAM.Aero shall provide (and seek to update, improve and expand, in similar and different new ways) the TEAM.Aero platform and service with the purpose of providing all members with professional networking connectivity, through TEAM.Aero’s proprietary tools, rules and protocols which TEAM.Aero may update, improve, discontinue and change at any time, at TEAM.Aero’s sole discretion.
Any other use of TEAM.Aero (such as seeking to connect to someone a User does not know or to use TEAM.Aero as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access TEAM.Aero as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue TEAM.Aero, partially or entirely, or to charge and modify prices for TEAM.Aero. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in TEAM.Aero and all related items.
TEAM.Aero reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, TEAM.Aero has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
TEAM.Aero may include or automatically produce links to third party web sites (“Third Party Sites”). TEAM.Aero is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. TEAM.Aero may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave TEAM.Aero and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from TEAM.Aero or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TEAM.Aero, TEAM Online LLC, the TEAM Online Affiliates, its Users and the public.
TEAM.Aero may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
You are solely responsible for your interactions with other members. TEAM.Aero reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if TEAM.Aero determines, in its sole discretion, that doing so is prudent.4. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON TEAM.AERO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR TEAM.AERO AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY TEAM.AERO OR ANYTHING RELATED TO TEAM.AERO, YOU MAY LEAVE TEAM.AERO AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
TEAM.AERO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS CHATMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH TEAM.AERO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
TEAM.AERO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, TEAM.AERO DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
TEAM.AERO DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. TEAM.AERO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TEAM.AERO DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE TEAM.AERO SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO TEAM.AERO.5. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither TEAM.Aero, TEAM Online LLC nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“TEAM Online LLC Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from TEAM.Aero even if TEAM.Aero is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
You may terminate this Agreement, for any or no cause, at any time, with notice to TEAM Online LLC which shall be effective upon TEAM Online LLC processing such notice. TEAM Online LLC may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by TEAM Online LLC or the party paying for such services. Termination of your TEAM.Aero account includes disabling your access to TEAM.Aero (including any content you submitted or others submitted) and may also bar you from any future use of TEAM.Aero.7. Consequences of Termination
Upon termination, you lose access to TEAM.Aero. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.8. Tennessee Law and Mediation and Arbitration
Dispute Resolution/Choice of forum. Any controversy, claim, or dispute of whatever nature arising between the parties (a "Dispute"), including, without limitation, a Dispute arising out of, or having to do with the Site or this Agreement, shall be resolved by mediation or, failing mediation, by binding arbitration. This agreement to mediate or arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of this agreement. Either party may begin the mediation process by giving a written notice to the other party setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation within 60 days of receipt of that notice. If the Dispute has not been resolved by mediation as provided above, or if a party fails to participate in a mediation, then the Dispute shall be resolved by binding arbitration in Memphis, Tennessee. The arbitration shall be undertaken pursuant to the substantive laws of the State of Tennessee and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of the competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be conducted in accordance with such rules as may be agreed upon by the parties, or, failing agreement within 30 days after arbitration is demanded, under the Commercial Arbitration Rules of the American Arbitration Association, as such rules may be modified by this agreement. In any Dispute which involves more than $1,000,000 in damages, three arbitrators shall be used. Unless the parties agree otherwise, they shall be limited in their discovery to directly relevant documents. The arbitrator(s) shall resolve any discovery disputes. The arbitrator(s) shall have the authority to award actual money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to receive money damages in excess of its actual compensatory damages. The costs of arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other party is entitled to costs, including reasonable attorney's fees, for having to compel arbitration or defend or enforce the award. Except as otherwise required by law, the parties agree to maintain as confidential all information or documents obtained during the arbitration process, including the resolution of the Dispute. Not withstanding the above, the parties recognize that certain business relationships could give rise to the need for one or more of the parties to seek emergency, provisional or summary relief. Immediately following the issuance of any such relief, the parties agree to the stay of any judicial proceedings pending mediation or arbitration of all underlying Disputes. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Memphis, Tennessee, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.9. General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.TEAM.Aero, and via email or any other communications means to contact information you provide to us. You may also notify us via email at firstname.lastname@example.org. or via mail or courier at TEAM Online LLC, Attn: Legal Department, 986 Surrey Oaks Drive, Collierville, TN 38017 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.TEAM.Aero.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any TEAM Online LLC Affiliate shall be deemed legally binding on any TEAM Online LLC Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of TEAM Online LLC.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: TEAM Online LLC Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, TEAM Online LLC for any third party that assumes our rights and obligations under this Agreement.10. Complaints
With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.11. TEAM.Aero User DOs & DON’Ts
As a condition to access TEAM.Aero, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
12. Claims Regarding Copyright Infringement
Each User grants TEAM.Aero (and its owner and operator TEAM Online LLC) a license to use the content supplied by each such User for the purposes of disclosure on the TEAM.Aero website.
This license includes, inter alia, the right for TEAM.Aero to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of TEAM.Aero and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes TEAM.Aero to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of TEAM.Aero for any purpose other than for those purposes strictly related to use of the TEAM.Aero services for personal purposes.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide TEAM Online LLC the following information:
Notice of claims of copyright infringement can be filed as follows: by e-mail at email@example.com or by mail at:
TEAM Online LLC
ATTN: Copyright Dept.
986 Surrey Oaks Drive
Collierville, Tennessee 38017, USA
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with TEAM Online’s Copyright Department.
To be effective, a Counter-Notification must be a written communication provided to the TEAM Online’s Copyright Department for Notice that includes the following information:
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Notice and Procedure for Making Complaints Regarding Content
To notify TEAM.Aero or its owner and operator TEAM Online LLC of Content that infringes your rights (other than copyright violations in which case please email firstname.lastname@example.org) or is otherwise unlawful (“Specified Content”), you must send a notice to the TEAM Online LLC Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
TEAM Online’s Content Complaint Manager
Contact information for TEAM Online’s Content Complaint Manager is as follows:
TEAM Online LLC
986 Surrey Oaks Drive
Collierville, Tennessee 38017, USA