1. Airone Services.
We operate the Site as an online advertising and communication services for aircraft buyers, sellers, brokers and/or dealers, and other industry professionals. Airone does not sell aircraft directly and is never a party to any transaction between buyers and sellers. We provide a platform that allows users to list aircraft for sale (“Listed Aircraft”) and for other users to view those Listed Aircraft, but we are not the seller or buyer of any Listed Aircraft. Any users who choose to use our Services are acting on their own behalf and are responsible for any actions that they may take with respect to any transactions that they may enter into. We do not represent any users of our Site or Services, and we are not a party to any transaction that may occur between users. We may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Site and Services and address potential non-compliance with these Terms by a user.
2. Access and Acceptable Use.
You may use our Sites and Services only if you comply with these Terms and all applicable national, and international laws, rules and regulations.
You may access and use our Services solely to list Listed Aircraft for sale or to view Listed Aircraft for your potential purchase. If you copy, redistribute or resell any of our Services or any content made available to you through our Site or our Services, your right to access and use both will cease immediately, and you must take down or destroy any content you have obtained in violation of these Terms. You may access and use the Site to communicate with other users for the purpose of selling and/or purchasing Listed Aircraft only.
Our Services are not available to any users we have previously removed or suspended from our Services. We may suspend or terminate your access to our Services at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Site or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.
Any use of our Sites or Services by anyone under the age of majority in his/her country of residence is strictly prohibited. If you register a user account or use our Site and Services on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.
User accounts are non-transferable. Only you may use your user account. You are liable for all activities that are undertaken using your user account. We may verify your account by collecting contact information (including, but not limited to, legal company name, street address, contact information) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps we deem necessary.
By registering a user account with us or using our Sites and Services, you represent and warrant that you (a) must not use our Site for unlawful purposes (b) will abide by all of the terms set forth herein; (c) will not provide false or misleading information about yourself or the Listed Aircraft; (d) will not post any information on our Site or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (f) will not violate the intellectual property or privacy rights of any third party; (e) will maintain the security of any user identification and/or password associated with your account, notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us.
As part of our Site and Services, we may provide access to data, information, and content relating to Listed Aircraft, including without limitation current and historical Listed Aircraft and related information, materials, and content (our “Site Information”). You must not:
1. alter or modify any Site Information, content, materials or portions of our Site or Services in any way;
2. use any Site Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;
3. remove any indications of ownership from any Site Information or content which came from our Site or Services, or claim it as your own or as that of any other entity or individual;
4. access, or attempt to access, parts of our Site or Services that are not intended for public use (including but not limited to website administration areas);
5. modify, adapt or reverse engineer any aspect of our Site, Services or Site Information;
6. conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Site Information or our Sites or Services;
7. use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access our Site or Services, or collect, copy or record our Site Information or content off our Site or Services;
8. copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Site Information or content of our Site or Services, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
9. extract reports from our Site Information or Services;
10. take photos, screenshots or other images of our Site Information, Site or Services or any content therein;
11. identify us or display any portion of our Site Information, Site or Services on any website or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;
12. bypass any measures we may use to prevent or restrict access to our Services, including our robot exclusion headers;
13. attempt to disrupt or interfere with the Site Information or our Site or Services in any way or with another user’s/visitor’s use of our Site or Services, or use the Site Information or our Site or Services as a means of disrupting or interfering with other websites or networks;
14. probe, scan or test for vulnerabilities of our Site, Services, other websites, or any networks connected to them;
15. willfully corrupt any Site Information, data, documents or content available through our Site or Services;
16. knowingly or recklessly transmit or distribute a virus into our network and computer systems.
All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
3. Intellectual Property Rights.
All contents of this Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by Airone, its affiliates or third parties who have submitted their materials to Airone and are protected by national and international copyright, trademark and/or patent laws. This content is intended for informational use only and may not be altered in any way. Any other use including modification, reproduction, distribution, republication, display, performance or creating derivative works of this website's content is strictly prohibited.
You will not use, copy or otherwise take any action with respect to our Site and Services or such content except as expressly permitted by these Terms. Airone expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials appearing on this Site. Mere access to this Site does not confer and shall not be considered as conferring upon anyone any license or right to use any of Airone's or any third party's intellectual property rights herein.
Airone’s name and logo along with all related product and service names, logos and slogans are the trademarks of Airone. Use of Airone’s trademarks is strictly prohibited without Airone’s prior express written consent. All other third-party marks, products or service names on this Site are property of their respective owners and may not be used without express permission from their respective owners. National and international copyright laws protect all content on this website, including all information, material and graphics.
4. User’s Content
We will collect data, content and information that you provide us or that is collected by us as you use the Site or Services (“User Content”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a worldwide, perpetual, irrevocable, non-exclusive, transferable, and royalty-free right and license to use, store, copy, distribute, and make available to third-parties (for their own use, storage, reproduction, distribution and right to make available to third-parties) all User Content. We are not responsible for any loss or damage to your User Content while it is in our possession. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Site or Services constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Site or Services if, in our sole discretion, your post does not comply with these Terms. We take no responsibility and assume no liability for any or your User Content.
5. Third-party service providers.
We may provide links on our Site or Services to other websites operated by us, third-party providers or affiliates who provide various services or other offerings, including, without limitation, valuation, financing, insurance services, and other offerings that might be of interest to you, and only for the convenience of our users. In consideration for providing any such link(s), we may receive a fee from the third party(ies) or affiliates whose goods or services you may choose to obtain. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable terms and conditions of that respective website, third-party or affiliate.
6. No Representations and Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITES AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE SOLELY A PASSIVE CONDUIT TO PROVIDE CONTENT AND TO FACILITATE COMMUNICATIONS BETWEEN A BUYER AND A SELLER, AND IN NO EVENT DO WE SELL ANY LISTED AIRCRAFT. WE MAKE NO WARRANTY THAT THE LISTED AIRCRAFT WILL PROPERLY FUNCTION OR OPERATE WHEN YOU RECEIVE THEM, NOR THAT THEY WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER YOU RECEIVE THEM. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITES, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITE OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR SITE AND SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR SITES OR SERVICES, INCLUDING LISTED AIRCRAFT, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
You will indemnify, defend, and hold harmless Sandhills, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Site or Services; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Listed Aircraft; or (iv) your violation of any law or rights of a third party, including related to any User Content you provide or post.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SERVICES; (B) OUR SITE; (C) THESE TERMS; (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (E) YOUR, OR ANY THIRD-PARTY’S USE OF OUR SITE OR SERVICES, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (F) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (G) ANY INTERACTION BETWEEN OUR SITE OR SERVICES AND ANY THIRD PARTY SITE; AND (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION.
Governing Law. These Terms are governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Cyprus for any dispute arising out of these Terms.
Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.
Amendments. We may modify, add, or remove any portion of these Terms (including any documents incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Site and/or Services. Once posted, such changes shall come into full force and effect.
Entire Terms. These Terms constitute the entire agreement of the parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the parties relating thereto.The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms.
Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.
Last Updated 21 February 2022