2. DEFINITIONS In these Terms and Conditions of Use for the AircraftTaxSolutions Application/Software, the following capitalised terms shall have the following meanings, except where the context otherwise requires: Account means an account created by a User on the Application/Software as part of Registration. Merchant refers to AircraftTaxSolutions.com, and our affiliates. Register means to create an Account on the Application/Software and Registration means the act of creating such an Account. Services means all the services provided by Merchant via the Application/Software to Users, and Service means any one of them, Users means users of the Application/Software, including you and User means any one of them.
3. GENERAL ISSUES ABOUT THIS WEBSITE, THE Application/Software AND THE SERVICES 3.1 Applicability of terms and conditions: The use of any Services and/or the Application/Software are subject to these Terms and Conditions of Use. These terms and conditions are in addition to any which you agreed to in connection with downloading this Application/Software from an app store. 3.2 Location: The Application/Software and the Services are intended solely for use by Users who Register and thereafter access the Application/Software. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use in any particular jurisdiction. Notwithstanding the above, if you access the Application/Software or use the Services, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws. 3.3 Scope: The Application/Software and the Services are for your use only and must not be used for third party business purposes unless you have an enterprise license and subscription. 3.4 Prevention on use: We reserve the right to prevent you using the Application/Software and the Service (or any part of them). 3.5 Equipment and Networks: The provision of the Services and the Application/Software does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Application/Software or the Services. To use the Application/Software or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the Application/Software. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application/Software, while it is running in the background or any such third party charges as may arise. You accept responsibility for any such charges that arise. 3.6 Permission to use Application/Software: If you are not the bill payer for the mobile telephone or handheld device being used to access the Application/Software, you will be assumed to have received permission from the bill payer for using the Application/Software. 3.7 License to Use Material: By submitting any text, data or images (including photographs) (Material) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
4. REGISTRATION 4.1 Need for registration: You must Register to make use Services from the Application/Software. 4.2 Application of these Terms and Conditions of Use: By Registering, you acknowledge that your Registration is subject to these Terms and Conditions of Use. 4.3 INCONSISTENT REGISTRATION: Any attempted Redemption not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Merchant’s discretion. 4.4 Restrictions: Reproduction, sale, resale or trading of any products or services is prohibited. 4.5 Merchant Not Liable: For the avoidance of doubt, Merchant shall not be liable for any losses or damages suffered by you resulting from a failure by us to deliver any products or services to you due to the unavailability of such products or services.
5. LOCATION ALERTS AND NOTIFICATIONS 5.1 You agree to receive notifications (Location Alerts) on the Application/Software from Merchant if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
6. YOUR OBLIGATIONS 6.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. 6.2 Content on the Application/Software and Service: It is your responsibility to ensure that any products, or information available through the Application/Software or the Services meet your specific requirements before subscribing or continuing any subscription. 6.3 Prohibitions in relation to usage of Services or Application/Software: Without limitation, you undertake not to use or permit anyone else to use the Services or Application/Software:- 6.4.1 to send or receive any material which is not civil or tasteful 6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 6.4.4 to send or receive any material which is technically harmful (including computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 6.4.5 to cause annoyance, inconvenience or needless anxiety; 6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; 6.4.7 for a purpose other than which we have designed them or intended them to be used; 6.4.8 for any fraudulent purpose; 6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; 6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or 6.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure. 6.5 Prohibitions in relation to usage of Services, Application/Software: Without limitation, you further undertake not to or permit anyone else to:- 6.5.1 resell any services under the Application/Software; 6.5.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers; 6.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan); 6.5.4 execute any form of network monitoring which will intercept data not intended for you; 6.5.5 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); 6.5.6 extract data from or hack into the Application/Software; 6.5.7 use the Services or Application/Software in breach of these Terms and Conditions of Use; 6.5.8 engage in any unlawful activity in connection with the use of the Application/Software or the Services; or 6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Application/Software or Services.
7. RULES ABOUT USE OF THE SERVICE AND THE Application/Software 7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Application/Software will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at support@AircraftTaxSolutions.com. 7.2 We do not warrant that your use of the Services or the Application/Software will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Application/Software will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Application/Software, access to the Services and the Application/Software may be suspended, restricted or terminated at any time. 7.3 We do not give any warranty that the Services and the Application/Software are free from viruses or anything else which may have a harmful effect on any technology. 7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Application/Software from time to time. Your access to the Application/Software and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Application/Software at any time. 7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION 8.1 If you use (or anyone other than you, with your permission uses) the Application/Software, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Application/Software. 8.2 If we suspend the Services or Application/Software, we may refuse to restore the Services or Application/Software for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. 8.3 AircraftTaxSolutions.com shall fully co-operate with any law enforcement authorities or court order requesting or directing AircraftTaxSolutions to disclose the identity or locate anyone in breach of these Terms and Conditions of Use. 8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Application/Software; (b) suspend your use of the Services and/or Application/Software; and/or (c) suspend the use of the Services and/or Application/Software for persons we believe to be connected (in whatever manner) to you, if: 8.4.1 you commit any breach of these Terms and Conditions of Use; 8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or 8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. 8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. DISCLAIMER AND EXCLUSION OF LIABILITY 9.1 The Application/Software, the Services, the information on the Application/Software and use of all related facilities are provided on an as is, as available basis without any warranties whether express or implied. 9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Application/Software and its contents, including in relation to any inaccuracies or omissions in the Application/Software, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade. 9.3 We do not warrant that the Application/Software will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Application/Software will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. 9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Application/Software, we make no warranties or representations as to its accuracy, timeliness or completeness. 9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Application/Software and the services offered in the Application/Software, your access to, use of or inability to use the Application/Software or the services offered in the Application/Software, reliance on or downloading from the Application/Software and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. 9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Application/Software and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, taxes, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. 9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Application/Software, or electronic mail transmitted to and from us, will not be monitored or read by others.
10. INDEMNITY You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your email, password and/or any identifier number allocated by AircraftTaxSolutions.com, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS 11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Application/Software are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. 11.2 Nothing contained on the Application/Software should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Application/Software without our written permission. Misuse of any trademarks or any other content displayed on the Application/Software is prohibited. 11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
12. AMENDMENTS 12.1 We may periodically make changes to the contents of this Website, the Application/Software, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Application/Software. 12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Application/Software and www.AircraftTaxSolutions.com and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION 13.1 This website and the Application/Software can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Application/Software both you and we agree that the laws of the State of Florida, United States of America, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Application/Software. 13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the State of Florida, United States in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use. 13.3 YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST AircraftTaxSolutions.COM, ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST AircraftTaxSolutions.COM OR ITS AFFILIATES OR ANY OTHER PERSON, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. 13.4 ARBITRATION OF DISPUTES. If a dispute arises from or relates to this agreement, the website, the App/Software or the breach of this agreement or any other agreement, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this agreement, the App/Software or website shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Johns County, Florida. The arbitration shall be governed by the laws of the State of Florida. There shall be no discovery other than the exchange of documents. There shall be no depositions. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. All discovery shall be completed within 45 days following the appointment of the arbitrator(s). The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents or elsewhere, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
14. OVERALL LIMITATION OF LIABILITY; LIABILITY CAP. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF AIRCRAFTTAXSOLUTIONS.COM (INCLUDING ITS RELATED PARTIES, AFFILIATES (INCLUDING MANCHESTER FINANCIAL GROUP, LLC), OFFICERS, OWNERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS) ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE APPLICATION/SOFTWARE AND ANY SERVICES PROVIDED HEREUNDER OR THEREUNDER OR IN CONNECTION HEREWITH (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, ERRORS AND/OR OMISSIONS) SHALL NOT EXCEED THE LESSER OF (I) THE AGGREGATE AMOUNT PAID FOR ALL SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY, AND (II) ONE THOUSAND U.S. DOLLARS (U.S. $1,000).
15. PROFESSIONAL USE ONLY. Due to the technical nature of the applicable tax and SEC rules, the App/Software and AircraftTaxSolutions.com Website are designed for professional users (certified public accountants, tax lawyers, enrolled agents, accountants) and other sophisticated users. It is not designed for a retail users. By using the App/Software and/or Website, you represent that you have or will obtain sufficient technical training in these matters.