Our Website offers the following services: Sale of watches and aviation apparel andmerchandise (Services). DefinitionsThe terms “us” or “we” or “our” refers to [Aviator Unlimited Corp.], the owner of this Website. A “Visitor” is someone that merely browses our Website. The term “User” is a collectiveidentifier that refers to a Visitor. All text, information, graphics, design, and data offered through our Website or Services,whether produced by us, are collectively known as our “Content”.
Acceptance of Agreement
This Agreement is between you and Aviator Unlimited Corp. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITSOUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIRENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCEOF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERYTERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DONOT USE, ACCESS AND/OR BROWSE IT FURTHER.Except as otherwise noted, this Agreement constitutes the entire and only Agreement betweenyou and Aviator Unlimited Corp. and supersedes all other Agreements, representations,warranties and understandings with respect to our Website, Services, and the subject mattercontained herein. However, in order for you to use our Website and/or Services, you may alsobe required to agree to additional terms and conditions. Those additional terms and conditionswill be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latestAgreement will be posted on our Website, and you should review this Agreement prior to usingour Website. After any revisions to this Agreement are posted, you agree to be bound to anychanges to this Agreement. Therefore, it is important for you to visit this page periodically toreview the Agreement. Please read this Agreement carefully and save it. If you do not acceptthis Agreement, do not access and use our Website. If you have already accessed our Websiteand do not accept this Agreement, you should immediately discontinue use of our Website and Services.
Aviator Unlimited Corp.grants you a non-exclusive, non-transferable, revocable license to accessand use our Website and Services strictly in accordance with this Agreement. Your use of ourWebsite and Services are solely for internal, personal, non-commercial purposes, unlessotherwise provided in this Agreement. No print out or electronic version of any part of ourWebsite or Services may be used by you in any litigation or arbitration matter whatsoever underany circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Aviator Unlimited Corp.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates orother companies, in the form of words, graphics, and logos. Your use of our Website or Servicesdoes not constitute any right or license for you to use our service marks or trademarks, withoutthe prior written permission of Aviator Unlimited Corp.Our Content, as found within our Website and Services, is protected under United States andforeign copyrights. The copying, redistribution, use or publication by you of any such Content, isstrictly prohibited. Your use of our Website and Services does not grant you any ownershiprights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content,according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found underUnited States law (17 USC. § 512). If you believe any of your copyrights are infringed by ourContent, please provide us with a written notice via mail, fax, or email that contains thefollowing information:
1. 1) An electronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright interest; 2. 2) A description of the copyrighted work that you claim has been infringed; 3. 3) A description of where the material that you claim is infringing is located on ourWebsite; 4. 4) Your address, telephone number, and email address; 5. 5) A statement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and 6. 6) A statement by you, made under penalty of perjury, that the above informationin your Notice is accurate and that you are the copyright owner or authorized to act onthe copyright owner’s behalf. We are only required to respond to those notices that substantially comply with the aboverequirements. We will investigate your claim and will notify by the method of contact you usedto file your notice with us.
The opinions expressed on our Website are not necessarily the opinions of Aviator UnlimitedCorp. Any Blog content provided by our bloggers are of the blogger’s opinion, and is notintended to malign any religion, ethic group, club, organization, company, individual or anyoneor anything.The Content may be changed without notice and is not guaranteed to be complete, correct,timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsiblefor their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to theContent at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from virusesor other harmful components, or that we will correct any errors. We do not represent orotherwise warrant that the information available on or through our Website will be correct,accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website or Services atany time. We reserve the right in our sole discretion to edit or remove any documents,information or other content appearing on our Website or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our Website shall constitute financial,investment, legal and/or other professional advice and that no professional relationship of anykind is created between you and Aviator Unlimited Corp. You hereby agree that you shall notmake any financial, investment, legal and/or other decision based in whole or in part onanything contained in our Website or Services.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors areresponsible for ensuring that material submitted for inclusion on our Website is accurate andcomplies with applicable laws. We are not responsible for the illegality or any error, inaccuracyor problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT,GUARANTEE, WARRANTY, OR RECOMMENDATION BY [OUR COMPANY] AND WE MAKE NOREPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers(“Merchants”) from which you may purchase certain goods or services. You understand that wedo not operate or control the products or services offered by Merchants. Merchants areresponsible for all aspects of order processing, fulfillment, billing and customer service. We arenot a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUTWARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDINGWARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THETRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ONMERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.All rules, legal documents (including privacy policies) and operating procedures of Merchantswill apply to you while on any Merchant websites. We are not responsible for informationprovided by you to Merchants. Our relationship to Merchants is solely as independentcontractors and neither party has authority to make any representations or commitments onbehalf of the other.
Aviator Unlimited Corp. is not responsible or liable in any manner for any Content posted on ourWebsite or in connection with our Services, whether posted or caused by Members of ourWebsite, or by Aviator Unlimited Corp. Although we provide rules for Member conduct andpostings, we do not control and are not responsible for what Members post, transmit or shareon our Website or Services, and are not responsible for any offensive, inappropriate, obscene,unlawful or otherwise objectionable content you may encounter on our Website or Services.Aviator Unlimited Corp. is not responsible for the conduct, whether online or offline, of any userof our Website or Services. Our Website or Services may be temporarily unavailable from time to time for maintenance orother reasons. Aviator Unlimited Corp. assumes no responsibility for any error, omission,interruption, deletion, defect, delay in operation or transmission, communications line failure,theft or destruction or unauthorized access to, or alteration of, Member communications. Aviator Unlimited Corp. is not responsible for any technical malfunction or other problems ofany telephone network or service, computer systems, servers or providers, computer or mobilephone equipment, software, failure of email or players on account of technical problems ortraffic congestion on the Internet or any combination thereof, including injury or damage toMember’s or to any other person’s computer, mobile phone, or other hardware or software,related to or resulting from using or downloading materials in connection with the our Websiteor Services, including without limitation any software provide through our Website or Services. Under no circumstances will Aviator Unlimited Corp. be responsible for any loss or damage,including any loss or damage or personal injury or death, resulting from anyone’s use of ourWebsite Services, products, or any interactions between Users of our Website or Services, its, services, processes or other information, by trade name, trademark,manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship orrecommendation thereof, or any affiliation therewith, by our Website, by third parties or by anyof the equipment or programming associated with or utilized by our Services. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE AREPROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS ORIMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITEAND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. [OURCOMPANY], INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USEOF OUR WEBSITE OR SERVICES. AVIATOR UNLIMITED CORP. CANNOT GUARANTEE AND DOESNOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING,BUT NOT LIMITED TO, RELATED SOFTWARE. AVIATOR UNLIMITED CORP. DOES NOT REPRESENTOR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN AREACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS AREFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISECAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USEINDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY ORLIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT,SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOUUNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT ANDRELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK ANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOURMOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THATMAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OFBUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OFCONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OROTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION ANDLIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OFTHE BARGAIN BETWEEN YOU AND AVIATOR UNLIMITED CORP. OUR WEBSITE AND SERVICESWOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE ORSERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLYSTATED IN THIS AGREEMENT.
Limitation of Liability
Aviator Unlimited Corp., as well as all our Affiliates, shall not be liable for any loss, injury, claim,liability, or damage of any kind resulting in any way from (a) any errors in or omissions from ourWebsite or Services, (b) any product liability issues to the extent that we are not involved withthe manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption ofour Website or Services, (d) your use of our Website our Content, (e) the content contained onour Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL AVIATOR UNLIMITED CORP.. OR ITS DIRECTORS, EMPLOYEES OR AGENTS BELIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOSTDATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATEDSOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVENIF AVIATOR UNLIMITED CORP. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVIATORUNLIMITED CORP.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THEFORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOUTO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOURMEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our PrivacyPolicy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us(collectively, “Submission”) is considered assigned to us and is as such considered our property.We will not be required to treat any Submission as confidential, and will not be liable for anyideas (including without limitation, product, service or advertising ideas) and will not incur anyliability as a result of any similarities that may appear in our future products, services oroperations. Without limitation, we will have exclusive ownership of all present and future existing rights tothe Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any otherperson sending the Submission. You acknowledge that you are responsible for whatevermaterial you submit, and you, not us, have full responsibility for the message, including itslegality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and totake any action we deem appropriate, including but not limited to reporting any suspectedunlawful activity to law enforcement officials, regulators, or other third parties and disclosingany information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, byframing or otherwise, any portion of our Website, (b) your website does not engage in illegal orpornographic activities, and (c) you discontinue providing links to our Website immediatelyupon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links areprovided solely as a convenience to you. By linking to these websites, we do not create or havean affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services,information, content and/or data of such third party websites. Aviator Unlimited Corp. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored byyour bank or credit card company, (iii) you will pay the charges incurred by you at the postedprices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoredpayment.
Refund and Return Policy
If you desire to return any unused and unworn product purchased directly from Aviator Unlimited Corp., we must be notified by email with in 48 hours from receipt of the item,(s).After Aviator Unlimited Corp.receives in writing your email a return authorization number willbe sent to you by email. The product must be returned to Aviator Unlimited Corp. within 7days in original packaging, must not be worn, damaged, and must have return authorizationnumber shown on outside of shipping container. If you comply with this return policy AviatorUnlimited Corp. will credit your purchase price less the original shipping and insurance chargesincurred by Aviator Unlimited Corp. to ship you the merchandise you ordered. If your purchasewas made using credit card or Pay Pal the original purchase amount less original shipping costs,and insurance charges will be credited to your credit card or Pay Pal account with in 45 days. Any returned merchandise received with damage, wear, or signs of use will not be accepted forreturn and credit, and will be returned to customer at customers expense.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors,employees, subcontractors, successors, assigns, third party suppliers of information anddocuments, attorneys, advertisers, product and service providers, and affiliates harmless fromany liability, loss, claim and expense, including reasonable attorney’s fees, related to yourviolation of this Agreement or use of our Website or Services.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or ourService, excluding legal action taken by us to collect or recover damages for, or obtain anyinjunction relating to, website operations, intellectual property, and our Service, shall be settledsolely by binding arbitration in accordance with the commercial arbitration rules of theAmerican Arbitration Association. Any such controversy or claim shall be arbitrated on anindividual basis, and shall not be consolidated in any arbitration with any claim or controversy ofany other party. The arbitration shall be conducted in Orlando, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek anyinterim or preliminary relief from a court of competent jurisdiction in Orlando, Florida necessaryto protect the rights or property of you and us pending the completion of arbitration. Eachparty shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Davenport, Florida, and shall be governed by and construed in accordance with the laws of the State ofFlorida, without regard to conflict of law principles. In addition, you agree to submit to thepersonal jurisdiction and venue of such courts. Any cause of action by you with respect to ourWebsite or Service must be instituted within one (1) year after the cause of action arose or beforever waived and barred. Should any part of this Agreement be held invalid or unenforceable,that portion shall be construed consistent with applicable law and the remaining portions shallremain in full force and effect. To the extent that any Content is in conflict or inconsistent withthis Agreement, this Agreement shall take precedence. Our failure to enforce any provision ofthis Agreement shall not be deemed a waiver of such provision nor of the right to enforce suchprovision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright © Orion Systems. This document, or any portion of, may not be copied or duplicated without the written permission of Orion Systems. http://www.disclaimertemplate.com.