Terms & Conditions
These terms and conditions (collectively, “Terms”) govern your use of the Aviation Repair Technologies LLC website and any other website or online service or mobile application that ART operates and that links to these Terms (collectively, the “Website”).
You may only access and use the Website, including its content, in accordance with these Terms. Throughout these Terms “ART”, “we”, “us”, and “our” means and refers to Aviation Repair Technologies LLC and its current and future formed subsidiaries and affiliates. “You” and “your” means and refers to the person using the Website.
BY ACCESSING OR USING THE WEBSITE OR USING ANY ACCEPTANCE PROTOCOL PRESENTED THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE WEBSITE OR ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND ART ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU KNOWINGLY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME OF THE EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1. Your Compliance with the Terms and Updates to the Terms
The Website is not intended for individuals under the age of thirteen (13) (or the minimum age in your jurisdiction) and individuals under the minimum age in your jurisdiction are prohibited from using all or any part of the Website or entering into these Terms, even if a parent or legal guardian would be willing to provide consent to use of the Website or the Terms. Please contact us at customerservice@artmx.us if you are a parent or legal guardian of an individual under the minimum age in your jurisdiction who you believe has used the Website without your consent.
Your compliance with these Terms, as well as all applicable laws and regulations, is a condition to your use of the Website. If you do not agree to be bound by the Terms, you are not authorized to access, register for or otherwise use the Website, or any information provided through the Website, and you should promptly exit the Website and discontinue your use of the Website. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal information and financial information. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Website. Your continued use of the Website after a change has been posted constitutes your acceptance of the changes so check the Terms regularly to determine if changes have been made.
2. Ownership of the Website and Related Materials
All content within the Website and any material made available for download are the property of ART, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ART. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
3. Electronic Communications
When you use the Website, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically.
You agree to receive invitations, notifications, reminders and other communications from ART through the Website, or by email, at any of the contact information that you provided to ART. You can opt out of receiving such communications at any time, including by contacting ART at customerservice@artmx.us.
4. Accessing the Website
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); or use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
The contents of the Website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Website (collectively “Content”) may not be copied, distributed, modified, reproduced, published, sold, resold, visited or used, or otherwise exploited, in whole or in part, except for purposes authorized or approved in writing by ART. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including: images, text, page layout, or form) of ART without our express written consent. You may not use any meta tags or any other “hidden text” utilizing ART’s name or trademarks without the express written consent of ART.
We reserve the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
5. Indemnification
You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Website. You agree that ART will not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Website.
You hereby release and indemnify ART, and its respective corporate parents, subsidiaries, and affiliates, and all of their respective past, current and future contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, members, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “ART Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to your use of the Website or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
7. Right to Monitor and Enforcement
ART reserves the right to monitor use of the Website at any time as it deems appropriate and to:
-
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
-
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ART AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ART AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ART OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITES.
9. Accuracy and Integrity of Information
Although ART attempts to ensure the integrity and accuracy of the Website, we make no representations, warranties or guarantees whatsoever as to the integrity or accuracy of the Website and its Content. If an inaccuracy arises, please inform ART so that we can make the correction. Information contained on the Website may be changed or updated without notice.
10. Links to Other Sites
ART makes no representations whatsoever about any other website that you may access through the Website. When you access a non-ART site, that site is independent from ART, and ART has no control over the content on that site. In addition, a link to a non-ART site does not mean that ART endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Website, you do this entirely at your own risk.
11. User Information
If you submit, upload, post or transmit any personal information, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Website (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (c) contains or transmits a virus or any other harmful component. You represent and warrant to ART that you have the legal right and authorization to provide all User Information to ART for use as set forth herein and required by ART. If User Information you make contains information that is required to be protected under applicable law (“Protected Information”), ART’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
12. Claims of Copyright Infringement[/b]
ART respects the intellectual property rights of others and expects its users to do the same. We disclaim any responsibility or liability for copyrighted materials posted on our Website. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to ART’s designated copyright agent, identified below. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact ART at customerservice@artmx.us
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ART NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ART NOR ANYONE ASSOCIATED WITH ART REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Geographic Restrictions
ART is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Limitation of Liability Regarding Use of the Website
ART AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ART TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE IS $1,000 (ONE THOUSAND) U.S. DOLLARS.
16. Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ART OR YOU AND ANY OF THE ART-AFFILIATED PARTIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE WEBSITE OR ITS CONTENT, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OF USE (COLLECTIVELY “DISPUTES”), WILL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party to the arbitration agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. The arbitration will be conducted in Miami, Florida, USA. The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, to the extent Disputes arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and ART agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Miami-Dade County, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION WILL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and may be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief will be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and will be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Miami-Dade County, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
17. Opt-Out Procedure
You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that require arbitration of Disputes with ART. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate Disputes with ART to: Aviation Repair Technologies LLC, 2080 NW 96th Avenue, Doral, FL 33172, Attn: General Counsel.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief you seek. Any Notice of Dispute you send to us should be mailed to Aviation Repair Technologies LLC, 2080 NW 96th Avenue, Doral, FL 33172, Attn: General Counsel. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Aviation Repair Technologies LLC, 2080 NW 96th Avenue, Doral, FL 33172, Attn: General Counsel, within 30 days of the effective date of such modifications.
18. Limited Time to Bring Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Successors and Assigns
ART may freely assign and delegate its rights and obligations under these Terms without notice to you, including but not limited to the right to use the data it collects and maintains, subject to the Privacy Policy. You will not assign or delegate any of your rights or obligations under these Terms. These Terms are binding upon the parties hereto and their respective successors and permitted assigns.
20. Governing Law; Venue
These Terms and your use of the Website are governed by the laws of the state of Florida without regard to conflict of law principles. You and ART submit to the personal jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms.
21. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
22. Right to Modify Revisions; General
ART reserves the right to modify these Terms at any time, effective upon posting. Any use of the Website after such changes will be deemed an acceptance of those changes. You agree to review the Terms each time you access the Website so that you may be aware of any changes to these Terms. ART may use Google Analytics, a third-party tracking service, or other similar services which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. ART has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by ART only and does not cover the use of cookies by any third-party.
In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. These Terms, the Privacy Policy, and any specific terms we communicate to you during your use of the Website constitute the entire agreement between ART and you pertaining to the subject matter hereof. In its sole discretion, ART may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
ART reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without cause, and with or without notice.
23. Waiver
No waiver of by ART of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ART to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
24. Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and ART with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.