Cactus Aviation Models LLC operates this Site to
provide online access to information about Cactus Aviation Models LLC and the
products, services, and opportunities we provide (the "Service"). By
accessing and using this Site, you agree to each of the terms and conditions set
forth herein ("Terms of Use"). Additional terms and conditions applicable to
specific areas of this Site or to particular content or transactions are also
posted in particular areas of the Site and, together with these Terms of Use,
govern your use of those areas, content or transactions. These Terms of Use,
together with applicable additional terms and conditions, are referred to as
this "Agreement".
Cactus Aviation Models LLC reserves the right to
modify this Agreement at any time without giving you prior notice. Your use of
the Site following any such modification constitutes your agreement to follow
and be bound by the Agreement as modified. The last date these Terms of Use were
revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, and/or other works that
you see, hear or otherwise experience on the Site (singly or collectively, the
“Content”) solely for your non-commercial, personal purposes and/or to learn
about Cactus Aviation Models LLC products and services. No right, title or
interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. Cactus Aviation Models LLC reserves
complete title and full intellectual property rights in all Content. Except as
expressly authorized by this Agreement, you may not use, alter, copy,
distribute, transmit, or derive another work from any Content obtained from the
Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws,
and belong to Cactus Aviation Models LLC or its partners, affiliates,
contributors or third parties. The copyrights in the Content are owned by Cactus
Aviation Models LLC or other copyright owners who have authorized their use on
the Site. You may download and reprint Content for non-commercial, non-public,
personal use only. (If you are browsing this Site as an employee or member of
any business or organization, you may download and reprint Content only for
educational or other non-commercial purposes within your business or
organization, except as otherwise permitted by Cactus Aviation Models LLC, for
example in certain password-restricted areas of the Site. With the exception of
the Sample Images, you may not manipulate or alter in any way images or other
Content on the Site.
2.1 Product Pictures
Cactus Aviation Models LLC has included Product Pictures on certain pages within
the Site, to demonstrate the capability of certain products. You may download,
reprint and manipulate the Sample Images for this purpose, but you may not crop
or change the composition of the image, or use the image for commercial
purposes.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the
Site without permission from the trademark owner, except as permitted by
applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as
a convenience to you. If you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement, sponsorship, or recommendation
by Cactus Aviation Models LLC of the third party, the third-party web site, or
the information contained therein. Cactus Aviation Models LLC is not responsible
for the availability of any such web sites. Cactus Aviation Models LLC is not
responsible or liable for any such web site or the content thereon. If you use
the links to the web sites of Cactus Aviation Models LLC affiliates or service
providers, you will leave the Site, and will be subject to the terms of use and
privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow Cactus Aviation Models
LLC link guidelines. Unless specifically authorized by Cactus Aviation Models LLC, you may not
connect “deep links” to the Site, i.e, create links to this site that bypass the
home page or other parts of the Site. You may not mirror or frame the home page
or any other pages of this Site on any other web site or web page.
6. Downloading Files
Cactus Aviation Models LLC cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by software
viruses or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of
Cactus Aviation Models LLC and/or its licensors. Use of such software is
governed by the terms of the end user license agreement that accompanies or is
included with the software. Downloading, installing, and/or using any such
software indicates your acceptance of the terms of the end user license
agreement.
8. Disclaimer of Warranties
CACTUS AVIATION MODELS LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE
OR THE CONTENT. CACTUS AVIATION MODELS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT,
AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CACTUS
AVIATION MODELS LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS
IN THE SITE OR THE SERVICE WILL BE CORRECTED. CACTUS AVIATION MODELS LLC DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN
THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL CACTUS AVIATION MODELS LLC BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR
INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION
CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE
CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF CACTUS AVIATION MODELS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR
WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KODAK'S LIABILITY IS
LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT
SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible for your behavior
on the Site. You agree to indemnify, defend and hold harmless Cactus Aviation
Models LLC, its parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents, and any third-party
information providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorneys' fees,
resulting from or arising out of your use, misuse, or inability to use the Site,
the Service, or the Content, or any violation by you of this Agreement.
11. Privacy
Click here
to see Cactus Aviation Models LLC Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any
action that might compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site or the Content. You
agree not to add to, subtract from, or otherwise modify the Content, or to
attempt to access any Content that is not intended for you. You agree not to use
the Site in any manner that might interfere with the rights of third parties.
13. Unsolicited Idea Submission Policy
Cactus Aviation Models LLC or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns, marketing
strategies, new or improved products, technologies, services, processes,
materials, or new product names. We have found this policy necessary in order to
avoid misunderstandings should Cactus Aviation Models LLC business activities
bear coincidental similarities with one or more of the hundreds of unsolicited
ideas offered to us. Please do not send your unsolicited ideas to Cactus
Aviation Models LLC or anyone at Cactus Aviation Models LLC. If, in spite of our
request that you not send us your ideas, you still send them, then regardless of
what your posting, email, letter, or other transmission may say, (1) your idea
will automatically become the property of Cactus Aviation Models LLC, without
any compensation to you; (2) Cactus Aviation Models LLC will have no obligation
to return your idea to you or respond to you in any way; (3) Cactus Aviation
Models LLC will have no obligation to keep your idea confidential; and (4)
Cactus Aviation Models LLC may use your idea for any purpose whatsoever,
including giving your idea to others.
However, Cactus Aviation Models LLC does welcome
feedback regarding many areas of Cactus Aviation Models LLC existing businesses
that will help satisfy customer's needs, and feedback can be provided through
the many listed contact areas on the Site. Any feedback you provide shall be
deemed a Submission under the terms in the User Supplied Information section
above.
14. User Supplied Information
Cactus Aviation Models LLC does not want to receive confidential or proprietary
information from you via the Site. You agree that any material, information, or
data you transmit to us or post to the Site (each a "Submission" or collectively
"Submissions") will be considered non confidential and non proprietary. For all
Submissions, (1) you guarantee to us that you have the legal right to post the
Submission and that it will not violate any law or the rights of any person or
entity, and (2) you give Cactus Aviation Models LLC the royalty-free,
irrevocable, perpetual, worldwide right to use, distribute, display and create
derivative works from the Submission, in any and all media, in any manner, in
whole or in part, without any restriction or responsibilities to you.
15. Password Security
If you register to become a cactusaviation.com member, you are responsible for
maintaining the confidentiality of your member identification and password
information, and for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your member identification
and password.
16. General Provisions a. Entire Agreement/No Waiver. These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof. No waiver by
Cactus Aviation Models LLC of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or
other errors or inaccuracies and may not be complete or current. Cactus Aviation
Models LLC therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update the Content at any time without prior notice.
Cactus Aviation Models LLC does not, however, guarantee that any errors,
inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a
court of competent jurisdiction to be invalid or unenforceable, it will not
impact any other provision of this Agreement, all of which will remain in full
force and effect. Any and all disputes relating to this Agreement, Cactus
Aviation Models LLC Privacy Policy, your use of the Site, any other Cactus
Aviation Models LLC web site, the Service, or the Content are governed by, and
will be interpreted in accordance with, the laws of the State of Arizona,
without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent.
Copyright 2011 Cactus Aviation Models. All rights reserved.
