PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (the “Site”). This Site at CovingtonAircraft.com is fully controlled and operated by Covington Aircraft. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on April 1, 2010.
Ownership of Intellectual Property
All Site software, design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of the Covington Aircraft. Covington Aircraft hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of Covington Aircraft. Use of CovingtonAircraft.com and/or its licensors’ Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Message Boards
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Covington Aircraft. In no event shall Covington Aircraft assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Covington Aircraft to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Covington Aircraft will have the right to use and change the Postings in any manner that Covington Aircraft may determine. Additionally, Covington Aircraft may sweep its message boards periodically at its sole discretion. Covington Aircraft does not allow Postings that contain:
– Private or personal information that might identify a user
– Profanity or obscenities
– Personal attacks on other individuals
– Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
– Other information that Covington Aircraft deems in its sole discretion to be inappropriate for this Site.
The message boards may be used for non-commercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Covington Aircraft periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Covington Aircraft will make every effort to ensure that the message boards best serve the interests of all users and, therefore, Covington Aircraft reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules. Covington Aircraft does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion, or other information offered by third parties that is displayed or distributed throughout our Web site. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion, or information shall be at your sole risk.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Covington Aircraft is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COVINGTON AIRCRAFT, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY COVINGTON AIRCRAFT OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Covington Aircraft’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Third Party Hyperlinks/Content
The appearance of external hyperlinks and/or content generated by third parties does not constitute endorsement by Covington Aircraft and Covington Aircraft does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Covington Aircraft is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, Covington Aircraft is not responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Covington Aircraft will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
Indemnification
You agree to indemnify, defend, and hold harmless, Covington Aircraft and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Covington Aircraft reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Covington Aircraft in asserting any available defenses.
Miscellaneous
This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported, or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the Laws of the State of Oklahoma applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Oklahoma.