Terms & Conditions

Copyright Complaints

Flight Data X respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Flight Data X’s copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement on this site, please contact Flight Data X’s DMCA Designated Agent who can be reached as follows:

Vice President and Assistant General Counsel – Flight Data XIntellectual Property
Flight Data X
Demo Location
Phone: 123-456-7890
Email: communications@flightdatax.net

Trademarks and Service Marks

Flight Data X, McDonnell Douglas, McDonnell, Douglas, North American Aviation, their distinctive airplane liveries, logos and product markings, and the products and services described in this Site (except those belonging to Flight Data X suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Flight Data X, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flight Data X. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Flight Data X, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Flight Data X. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Flight Data X marks is subject to prior approval, and should be addressed to the Flight Data X Trademark Management Group at:

Third-Party Content

This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services (“BBS”). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
• Without Flight Data X’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Flight Data X takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Flight Data X is only a forum and is not liable for any statements, representations, or Content provided by its users.

Enforcement. Flight Data X has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Flight Data X may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Flight Data X reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Flight Data X’s systems and customers, or to ensure the integrity and operation of Flight Data X’s business and systems, Flight Data X may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Flight Data X’s right to disclose any such information shall govern over any terms of Flight Data X’s Privacy Policy.

Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Flight Data X from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Flight Data X or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Flight Data X logo or other proprietary graphic or trademark of Flight Data X to link to this Site without the express written permission of Flight Data X. This limited right may be revoked at any time.

Third-Party Links. Flight Data X makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Flight Data X and Flight Data X is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Flight Data X is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Flight Data X of the site or any information contained therein. When leaving the Flight Data X Site, you should be aware that Flight Data X’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

General Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Flight Data X Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with a Flight Data X Site or in a written agreement with Flight Data X applicable to your particular use of a Flight Data X Site, any submission of materials by you will be considered a contribution to Flight Data X for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Flight Data X, or postings on this Site, are non-confidential (subject to Flight Data X’s Privacy Policy) and shall become the sole property of Flight Data X. Flight Data X shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Flight Data X, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Financial Material Disclosure

Forward-Looking Statements. This Site, and any documents issued by Flight Data X and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Flight Data X Annual Reports to stockholders, including information contained under the section captioned “Management’s Discussion and Analysis,” as well as other information included under the caption “Risk Factors” and/or in other Flight Data X filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Flight Data X undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by Flight Data X should not be deemed accurate or current except as of the date the release was posted. Flight Data X has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. Flight Data X may provide links to third-party Web sites or services that contain financial or investment information about Flight Data X. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Flight Data X neither regularly monitors nor has control over the content of third parties’ statements or Web sites. Accordingly, Flight Data X does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. Flight Data X makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

Disclaimers

“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER.FLIGHT DATA X DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. FLIGHT DATA X DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FLIGHT DATA X IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE FLIGHT DATA X ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, FLIGHT DATA X CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Flight Data X reserves the right to change any and all content contained on this Site at any time without notice. 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 Flight Data X.

Limitation of Liability

IN NO EVENT SHALL FLIGHT DATA X 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 THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLIGHT DATA X (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 FLIGHT DATA X’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID FLIGHT DATA X, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, Flight Data X reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Social Media

Our social media pages/channels (Facebook, Twitter, LinkedIn, FlickR, Glassdoor and YouTube) (“Sites”) are a place for you to learn more about Flight Data X. Neither The Flight Data X Company nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. Flight Data X does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by Flight Data X fans.

Flight Data X does not condone or allow use of social media community space for content not related to Flight Data X. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that Flight Data X may deem inappropriate.

Flight Data X reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you’ve decided to visit our social media pages/channels, and look forward to sharing our stories with you. When visiting Flight Data X’s social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the Sites.