Planephd Terms and Conditions
CONDITIONS OF USE / GENERAL CONDITIONS
Planephd LLC (Planephd) provides free and paid information, data, meta-data and services as well as aerospace marketing, sales and consulting (Services and / or Data) directly and via www.planephd.com to a variety of users and clients (Recipient). Planephd offers these Services and Data, subject to the notices, terms and conditions set forth in this agreement (Agreement) to Recipients. In Addition, when Recipient uses any Planephd Services and Data, Recipient will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they are incorporated into this agreement by this reference. Planephd reserves the right to change the Services and these terms and conditions at any time. Accessing, browsing, paying for membership or otherwise using the Services in any fashion whatsoever, indicates Recipient’s agreement to all the terms and conditions in this agreement so please read this agreement carefully before proceeding.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
Planephd reserves the right to refuse any Services, Data, order, download, membership or consulting request Recipient places with us. Planephd may, in our sole discretion, limit or cancel, quantities purchased per person, per household or per order. Planephd reserves the right to limit or prohibit orders that, in our sole judgement, appear to be placed by agents who intend to re-sell them to others for the purpose of financial gain. Recipient agrees to provide current, complete, and accurate forms of payment for all monthly/quarterly/yearly commitments. Recipient agrees to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Planephd can complete your transactions and contact Recipient as needed.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services provided that contains typographical errors, inaccuracies or omissions that are related to product descriptions, pricing, promotions, locations, operations and aircraft details. Planephd reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel Services if any information is inaccurate at any time without prior notice. These rights also extend to after any purchase of Services is made. Planephd undertakes no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law.
Planephd does not guarantee, represent, or warrant that your use of Planephd Services will be uninterrupted, timely, secure, or error-free. Planephd do not warrant that the results that may be obtained from the use of Planephd Services will be accurate or reliable. Planephd will make every attempt to have our Services and Data available for the terms set forth in your agreement however, from time to time exceptions may need to be made. You agree that at our sole discretion from time to time Planephd may remove select or all Planephd Services and Data for indefinite periods of time or cancel Services and Data at any time, without prior notice.
Use of Planephd Services and Data is express agreement that your use of, or inability to use Services and Data, is at your sole risk. The Services and Data and all products and services delivered to Recipient through the Services and Data are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranted or conditions of merchantability, merchantable quality, fitness for a practical purpose, durability, title, and non-infringement.
In no case shall Planephd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injustices, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement cost, or any similar damages, whether based in contact, tort (including negligence), strict liabilities or otherwise, arising from your use of any of the Services and Data or any products procured using the Service, or for any other claims related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TRADEMARKS / INTELLECTUAL PROPERTY / COPYRIGHTS / OWNERSHIP OF DATA
The technology underlying, and the entire content included in, Planephd Services and Data, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Planephd and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Planephd. The Data portion of Services and Data remains the sole and exclusive property of Planephd, and may not be used for any purpose other than as expressly stated in the current strategic vendor / client agreement currently in force. Specifically, and without limiting the generality of the foregoing, Planephd Data may not be incorporated into any other list or database or used to compile, verify, edit, enhance, update or publish any other database directory, or information medium. Moreover, Recipient may not distribute the Data or any part thereof, and may not copy, photocopy, reproduce, enter into a computer database, or otherwise duplicate in any format any part of the Data. Recipient acknowledges and agrees that the Data has been and will be monitored by Planephd or its agents to prevent improper and unauthorized use by a combination of one or more methods of computer control, planted, decoy or varied names and addresses, and other detection techniques. If Recipient violates these Terms and Conditions, Planephd shall be entitled to receive, and Recipient shall pay to Planephd upon request, liquidated damages in an amount equal to Ten Thousand Dollars ($10,000) per violation or incident. Recipient acknowledges that the actual damages caused Planephd by the misuse of the Data is difficult to quantify, but that the foregoing amount of liquidated damages is a reasonable approximation of such damages, particularly because misuse of the Licensed Data could result in Planephd’s violation of applicable privacy laws, standards or regulations, or other contractual obligations of Planephd. The Data is provided as-is without warranty of any kind, and Recipient assumes all risks associated with its use of the Data and agrees to indemnify and hold Planephd and its affiliates and their respective officers, directors, employees, and agents harmless from and against any and all claims, damages, liabilities losses or expenses, however incurred, in connection with Recipient’s use of the Licensed Data. In addition, Recipient agrees to reimburse Planephd for all costs and expenses (including attorneys’ fees) incurred by Planephd as necessary to enforce these Terms and Conditions.