I. Who May Use the Website. You may use the Website only when you agree to form a binding contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Website. If you are accepting this Agreement and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
II. Use of the Website. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Cockpit to Cockpit, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
III. Intellectual Property. This Agreement does not transfer from Cockpit to Cockpit, LLC to you any copyrights, trademarks, service marks, graphics, and/or logos (collectively, “intellectual property”), and all right, title and interest in and to such intellectual property will remain solely with Cockpit to Cockpit, LLC or Marc Himelhoch. Other intellectual property used in connection with the Website may be owned by other third-parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of the intellectual property or third-party intellectual property. You hereby grant Cockpit to Cockpit, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any content you post on or in connection with the Website or the “Cockpit 2 Cockpit” book, or the promotion thereof.
IV. Copyright Infringement and DMCA Policy. As Cockpit to Cockpit, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cockpit2cockpit.com violates your copyright, you are encouraged to notify Cockpit to Cockpit, LLC in accordance with the Digital Millennium Copyright Act (”DMCA”). Cockpit to Cockpit, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Cockpit to Cockpit, LLC or others, Cockpit to Cockpit, LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Cockpit to Cockpit, LLC will have no obligation to provide a refund of any amounts previously paid to Cockpit to Cockpit, LLC.
V. Disclaimer of Warranties. The Website is provided “as is”. Cockpit to Cockpit, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cockpit to Cockpit, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Cockpit to Cockpit, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
VI. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cockpit2Cockpit.com links, and that link to Cockpit2Cockpit.com. Cockpit to Cockpit, LLC does not have any control over those non-Cockpit2Cockpit.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cockpit2Cockpit.com website or webpage, Cockpit to Cockpit, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cockpit to Cockpit, LLC disclaims any responsibility for any harm resulting from your use of non-Cockpit2Cockpit.com websites and webpages.
VII. Changes. Cockpit to Cockpit, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cockpit to Cockpit, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
VIII. Termination. Cockpit to Cockpit, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IX. Limitation on Liability. Cockpit to Cockpit, LLC, or its suppliers or licensors, shall not be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any conduct or content of any third-party on the Website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third-parties. In no event shall the aggregate liability of Cockpit to Cockpit, LLC exceed the greater of one hundred U.S. dollars ($100.00) or the amount you paid Cockpit to Cockpit, LLC, if any, in the past six (6) months for the products or services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Cockpit to Cockpit, LLC has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
X. Indemnification. You agree to indemnify and hold harmless Cockpit to Cockpit, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
XI. Typographical Errors. In the event that a Website product is mistakenly listed at an incorrect price, Cockpit to Cockpit, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cockpit to Cockpit, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cockpit to Cockpit, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
XII. Miscellaneous. This Agreement constitutes the entire agreement between Cockpit to Cockpit, LLC and you concerning the subject matter hereof. This Agreement may only be modified by a written amendment signed by an authorized executive of Cockpit to Cockpit, LLC, or by the posting of a revised version by Cockpit to Cockpit, LLC. This Agreement, and your use of the Website, shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to www.cockpit2cockpit.com (including but not limited to the purchase of Website products) shall be in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to www.cockpit2cockpit.com (including but not limited to the purchase of Website products) must be commenced within one (1) year after the claim or cause of action arises. Cockpit to Cockpit, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cockpit to Cockpit, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.