Date of Last Revision: 18 September 2008
If you have any questions regarding the use of the Sites, please refer first to the Frequently Asked Questions. All other questions or comments about the Sites or its contents should be directed to Jeppesen GmbH, BGA Sales & Service, Frankfurter Str. 233, 63263 Neu-Isenburg, Germany.
2. Terms of Sale - All sales of products and services by Jeppesen that are made through the Sites are governed by Jeppesen's Terms of Sale, and by ordering products or services from Jeppesen through the Sites, you agree to be bound by and accept such Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Jeppesen's sole discretion, so you should review the Terms of Sale each time you make a purchase.
3. Third Party Content and Applications - Jeppesen may provide third-party content and links to Web pages, Web sites and content of third parties (the "Third Party Content") and may make third party software applications (such as Google? Maps) available to users (the "Third Party Applications") as a service to its users. Jeppesen does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS-IS," and Jeppesen does not endorse or sponsor any Third Party Content or Third Party Applications. JEPPESEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.
4. Copyright and Limited License - Unless otherwise indicated, the Sites and all content and other materials on the Sites or available through the Services, including, without limitation, the Jeppesen logo, and all designs, text, graphics, pictures, news, forecasts, information, data, software, video, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Site Materials"), are the proprietary property of Jeppesen or its licensors or users and are protected by U.S. and international copyright laws.
5. Repeat Infringer Policy - In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Jeppesen has adopted a policy of terminating, in appropriate circumstances and at Jeppesen's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Jeppesen may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints - If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Timothy G. Hoops
Full Address of Designated Agent to Which Notification Should be Sent:
Jeppesen Sanderson, Inc.
55 Inverness Drive East
Englewood, CO 80112
Telephone Number of Designated Agent: 303-799-9090
Facsimile Number of Designated Agent: 303.328.4163
E-Mail Address of Designated Agent: email@example.com
7. Trademarks - You may not copy, imitate or use, in whole or in part, without the prior written permission of Jeppesen or the applicable trademark holder, any trademark or service mark of Jeppesen or its licensors, including without limitation any logos, product or service name or slogan contained in the Sites. Information on Jeppesen marks can be found here. You may not use any metatags or any other "hidden text" utilizing "Jeppesen" or any other name, trademark or product or service name of Jeppesen without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Jeppesen and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Jeppesen.
8. Hyperlinks - You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such link does not portray Jeppesen or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, gratuitously violent, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Jeppesen logo or other proprietary graphic of Jeppesen to link to the Sites without the express written permission of Jeppesen. Further, you may not use, frame or utilize framing techniques to enclose any Jeppesen trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Jeppesen's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Jeppesen or any third party.
Jeppesen makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites or of Web sites linking to the Sites. Such sites are not under the control of Jeppesen and Jeppesen is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Jeppesen provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Jeppesen of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Advertisements and Promotions - Jeppesen may run advertisements and promotions from third parties on the Sites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Jeppesen, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Jeppesen is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Jeppesen advertisers on the Sites.
10. Submissions - You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Sites or the Services that are provided by you in the form of email or other submissions to Jeppesen (the "Submissions") are non-confidential and shall become the sole property of Jeppesen. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, to Jeppesen, and Jeppesen shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. User Content and Conduct - The Sites may include interactive areas or services ("Interactive Areas"), such as personal profile pages, user-to-user messaging features, rating tools, forums, product reviews, chat rooms, message boards, and other areas or services in which you or third parties create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and User Content and use them at your own risk. By using the Sites or the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or the Services any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange;
c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. User Content that, in the sole judgment of Jeppesen, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Jeppesen or its users to any harm or liability of any type;
i. Classified or sensitive aviation, military or government information of any jurisdiction;
j. User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behavior; and
k. User Content that, in its creation, involved any heightened risk of physical injury or harm to the creator of such User Content or any other person, or to any property or that involved any reckless, irresponsible, or illegal activity or behavior on the part of the creator of such User Content.
Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy that provides further information regarding acceptable conduct on the Sites. You understand and agree that the Acceptable Use Policy is subject to change by Jeppesen at any time by posting an updated policy on the Sites. Jeppesen shall indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions on the Sites.
YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK. JEPPESEN IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE SITES OR FOR THE CONDUCT OF ITS USERS, NOR IS JEPPESEN LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. While Jeppesen may offer features that are designed to enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, no system or security measure is perfect or impenetrable, and Jeppesen is not liable for any inadvertent disclosure, public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential, classified or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Jeppesen is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
12. Registration and Registration Data; Account Security - You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Jeppesen, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Jeppesen. Jeppesen reserves the right to refuse registration, or to refuse or limit access to the Sites and the Services, to anyone in its sole discretion for any reason or no reason.
13. Export Restrictions - You are responsible for your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the government of the United States of America and other countries. You shall not, either directly or indirectly, export or re-export any of the Site Materials or Services to any country or national thereof that is prohibited by any applicable laws and regulations from obtaining such Site Materials and Services.
14. Indemnification - You agree to defend, indemnify and hold harmless Jeppesen, its parents, subsidiaries, affiliates, contractors, service providers, consultants, and their respective directors, employees and agents, from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you create, post, store or transmit on or through the Sites or from your use of or inability to use the Sites or the Services or your interaction with other users.
15. NOTICE SPECIFIC TO CHART SERVICES AVAILABLE ON THE SITES - Jeppesen's chart services (the "Chart Services") have been developed to meet the need for a publication providing current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted Jeppesen charts is independently available from publications of the appropriate governing authority.
Certain charts are designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the instrument navigation of aircraft, and the user is solely responsible for assuring that he or she is sufficiently experienced and qualified to use such charts. The user of the Chart Services should also be thoroughly familiar with the Introduction and Legend materials included within Jeppesen's Airway Manual Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at firstname.lastname@example.org. Instrument procedures are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. In the United States, these flight procedures are incorporated into FAR Part 97 as regulations. Jeppesen does not design or flight-check any of these procedures, and Jeppesen has no authority to alter, modify, add to, or subtract from any flight procedure prescribed by a governing authority. Further, Jeppesen does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure, and it specifically has undertaken no such duty. Jeppesen's flight procedure charts simply depict in a graphic form convenient for the use of knowledgeable, instrument-rated pilots, the flight procedures exactly as designed, flight-tested and prescribed by government authorities. The Chart Services contain a wide variety of information useful to pilots that Jeppesen has obtained from many outside sources, including customers. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format. Jeppesen believes that the Chart Services accurately communicate the information obtained from this source material, but does not make any representation or warranty of any kind regarding the charts or the Chart Services except as expressly provided to the contrary in writing by Jeppesen.
16. Disclaimer - EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JEPPESEN, THE SITES, THE SITE MATERIALS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE CHART SERVICES AND ANY SOFTWARE OBTAINED THROUGH THE SITES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JEPPESEN HEREBY DISCLAIMS, AND USER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF JEPPESEN, EXPRESS, IMPLIED OR ARISING BY LAW OR OTHERWISE, AS TO THE SITES, THE SERVICES (INCLUDING WITHOUT LIMITATION THE CHART SERVICES), THE SITE MATERIALS (INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS), AND THE RESULTS OBTAINED FROM ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JEPPESEN, AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT. WITHOUT LIMITING THE FOREGOING, JEPPESEN DOES NOT REPRESENT OR WARRANT THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH STANDARDS OR REGULATIONS OF ANY FLIGHT PROCEDURE PRESCRIBED BY A GOVERNMENT AUTHORITY OR OTHER OUTSIDE SOURCE OR THAT THE SITES, THE SERVICES OR THE SITE MATERIALS (INCLUDING BUT NOT LIMITED TO THE CHARTS AND ANY VIEWING/PRINTING SOFTWARE OR OTHER SOFTWARE OBTAINED FROM THE SITE) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. JEPPESEN IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITES OR USE THE SERVICES, AND YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR OWN RISK.
JEPPESEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE JEPPESEN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, JEPPESEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, ITS SERVER(S), THIRD PARTY APPLICATIONS, OR ANY SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Jeppesen reserves the right to change, cancel or delete any and all content contained in the Sites (including User Content) and any Services offered through the Sites at any time without notice. This includes without limitation any flight logs, travel plans or other travel-related information. It is solely your responsibility to make backup copies of any such information. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Jeppesen.
FOR THE PURPOSE OF THIS DISCLAIMER AND RELEASE SECTION, "JEPPESEN" MEANS JEPPESEN SANDERSON, INC., ITS PARENT COMPANY, DIVISIONS, SUBSIDIARIES AND AFFILIATES, THE ASSIGNEES OF EACH, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS.
17. Limitation of Liability - IN NO EVENT SHALL JEPPESEN, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE SERVICES (INCLUDING WITHOUT LIMITATION THE CHART SERVICES), THE USER CONTENT OR THE OTHER SITES MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU OR ANOTHER USER ON ANY CHART, SOFTWARE, DATA OR INFORMATION OBTAINED FROM JEPPESEN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES, YOUR PARTICIPATION IN TRAINING COURSES, FAILURES TO PROVIDE OR ERRORS OR OMISSIONS IN ANY REQUESTED FLIGHT PLANNING OR OTHER NOTICES OR SERVICES, CHANGES TO OR DELETION OF FLIGHT LOGS OR OTHER DATA YOU RECORD ON THE SITES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JEPPESEN'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JEPPESEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITES OR ANY SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JEPPESEN FOR ACCESS TO OR USE OF THE SITES OR ANY SERVICES.
21. RESTRICTED RIGHTS LEGEND. - Any downloadable applications and/or software which are downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Jeppesen Sanderson, Inc., 55 Inverness Drive East, Englewood, Colorado 80112-5498.
22. Questions & Contact Information - Questions or comments about the Sites or the Services may be directed to Jeppesen at the email address email@example.com or by calling us at +49 6102 5070.