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Conditions of Use

The Mud Duck Aviation Support Site

February 2008

By using the Mud Duck Aviation (MDA) web site and/or other services, you agree to the following terms and conditions (the "Terms & Conditions"). We will make the most current version of these Terms & Conditions available on this page. Additionally, you shall be subject to any posted guidelines applicable to any other MDA services. If you do not agree to these Terms & Conditions please do not use the site and do not register to be a member of MDA. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check these terms periodically for changes. Your continued use of the MDA Service following the posting of changes to these terms (including MDA Forum Guidelines) will mean you accept those changes.

MDA Overview

MDA is a website developed to market and sell MDA products through an ecommerce portal, as well as forums, articles, tips, tutorials and a range of other content (collectively, the "MDA Service"). These Terms & Conditions apply to the MDA Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms & Conditions and Restrictions on Use of Materials

By accessing the MDA Service web site, becoming a member of the forum, contributing any code, images or templates, you agree to be legally bound and to abide by the Terms & Conditions, just as if you had signed this Agreement. If you do not comply with the Terms & Conditions at any time, MDA reserves the right to limit your access to the MDA Service. MDA may discontinue or alter any aspect of the Zen Cart™ Service, including, but not limited to, (a) restricting the time the MDA Service is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the MDA Service, at our sole discretion and without prior notice or liability.

In order to permit MDA to protect the quality of its products and services, you hereby consent to MDA staff and volunteers being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the MDA Service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and MDA owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

MDA Privacy Policy

MDA collects, stores and uses data collected from you in accordance with our Privacy Policy.

Community Standards and Conduct in MDA Forums

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the MDA Service. MDA does not control all of the Content posted via the MDA Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MDA Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MDA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the MDA Service.

You agree to not use the MDA Service (including the MDA Forums described below) to:

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a MDA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the MDA Service or an MDA Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in meaningful exchanges;
interfere with or disrupt the MDA Service or servers or networks connected to the MDA Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MDA Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another member or user of the MDA Service; or
collect or store personal data about other users or members.

A "Forum" refers to any chat area, bulletin board, "instant messaging" or virtual community offered as part of the MDA Service.

All MDA Forum communications are public and not private communications. You shall remain solely responsible for the content of your messages. Although MDA reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the MDA Forums and contribute to discussions on the MDA Forums depends on your compliance with the member conduct guidelines set forth above. MDA may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, MDA, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.

MDA reserves the right to monitor some, all, or no areas of MDA Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, MDA is acting as a passive conduit for such distribution and MDA is not undertaking any obligation or liability relating to any content or activities on the Web Site or in any Forum or Forum area.

Submissions

By posting or submitting content to this site, you grant MDA and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by MDA will not infringe or violate the rights of any third party.

If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of MDA. None of the Submissions shall be subject to any obligation of confidence on the part of MDA, and MDA shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, MDA shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Links

The MDA Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MDA has no control over such sites and resources, you acknowledge and agree that MDA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MDA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

DISCLAIMER

MDA uses diligent efforts to maintain the MDA Service, but MDA is not responsible for any defects or failures associated with the MDA Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, MDA makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the MDA Service, including as to the accuracy, content, or quality of any such sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE MDA SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. MDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, MDA MAKES NO WARRANTY THAT THE MDA SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MDA SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MDA SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MDASERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE MDA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MDA SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MDA SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MDA SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MDA SERVICE. IN NO EVENT SHALL ZEN CART™' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MDA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, VOLUNTEERS, STAFF AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE MDA SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MDA OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that MDA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the MDA Service, and remove and discard any Content within the MDA Service, for any or no reason. MDA may also in its sole discretion and at any time discontinue providing the MDA Service, or any part thereof, with or without notice. You agree that any termination of your access to the MDA Service under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that MDA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MDA Service. Further, you agree that MDA shall not be liable to you or any third-party for any termination of your access to the MDA Service.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE MDA SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF MDA, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF WASHINGTON (OR THE APPRPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

COPYRIGHT AND COPYRIGHT NOTICES

MDA respects the intellectual property of others, and we ask our users to do the same. MDA may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MDA the following information: