Terms and Conditions of Use of AirParts.aero

Updated: November 23, 2022

We appreciate your visit to AirPart.Aero. AirParts Aero Inc and/or its affiliates ("AirParts") provide website, online and offline features, and other products and services to you when you visit or shop at AirParts.aero, use AirParts products or services, use AirParts applications for mobile, or use software provided by AirParts in connection with any of the aforementioned (collectively, "AirParts Offerings"). By using the AirParts Offerings, you accept the following terms and conditions of use on behalf of yourself, all members of your household, and anyone else who uses any Service under your account.

Please carefully read these terms and conditions, they are the contract of use between you and us.

We provide a variety of AirParts Offerings, and additional terms may apply on occasion. When you use an AirParts Offering (such as Your Account Profile, AirParts AOG, AirParts VMS, AirParts tools or rental equipment, or AirParts software and/or applications), you're also subject to the rules, terms, and agreements that govern that AirParts Offering ("Service Terms"). If these Conditions of Use and the Service Terms are in conflict, the Service Terms will prevail.

ELECTRONIC COMMUNICATIONS

You may be electronically communicating with us when you utilize AirParts Offerings or send e-mails, text messages, and other communications from your desktop or mobile device to us, to our sellers, or to other buyers, like yourself. You agree to receive electronic communications from us, such as e-mails, texts, mobile push notifications, or alerts and messages on our site or through other AirParts Offerings, such as our Message Center, and you can preserve copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically comply with any statutory requirement that such communications be in writing.

TRADEMARKS, SIGNMARKS, AND TRADE DRESS

Moreover, the designs, logos, page headers, button icons, scripts, and service names included in or accessible through any AirParts Offerings are trademarks or trade dress of AirParts in the United States and other countries. AirParts' trademarks and trade dress may not be used in connection with any product or service that is not AirParts', in a manner likely to cause customer misunderstanding, or in a manner that disparages or discredits AirParts. All other trademarks that appear in any AirParts Offerings but are not held by AirParts are the property of their respective owners, who may or may not be affiliated with, linked to, or sponsored by AirParts.

COPYRIGHT

All content included in or made available through any AirParts Offerings, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AirParts or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any AirParts Offerings is the exclusive property of AirParts and protected by U.S. and international copyright laws.

PRIVACY

To understand our practices, please check our Privacy Notice, which also governs your usage of AirParts Offerings.

ACCESS TO OFFERINGS AND LICENSE

AirParts or its content providers grant you a limited, non-exclusive, non-transferable license to access and make personal and non-commercial use of the AirParts Offerings, subject to your compliance with these Terms and Conditions of Use and any Service Terms, and the payment of any applicable fees. This license does not include any resale or commercial use of any AirParts Offerings, or its contents; any collection and use of use of any item or other listings, item or other descriptions, or prices; any derivative use of any AirParts Offerings or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and harvesting tools. AirParts or its licensors, suppliers, distributors, copyright holders, manufacturers, or other content providers retain all rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms. No AirParts Offerings, nor any part of any AirParts Offerings, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the written approval of AirParts. AirParts's trademarks, logos, and other proprietary content (including images, graphics,  text, page layout, custom fonts, item photography, and forms) may not be framed or enclosed using framing techniques without clear written permission. You may not utilize any meta tags or other "hidden text" containing AirParts' name or trademarks without AirParts' express written permission. You are prohibited from misusing the AirParts Offerings. You may only use the AirParts Offerings in accordance with applicable law. The rights provided by AirParts terminate if you do not comply with these Terms and Conditions of Use or other Service Terms.

YOUR AIRPARTS ACCOUNT

You may need your own AirParts account to use certain AirParts Offerings, and you may be required to be logged in to the account and have a valid payment method linked with it. If there is a problem charging your specified payment method, we have the right to charge any alternative legitimate payment method linked with your account, if one has been stored. You are responsible for maintaining the secrecy of your account and password and limiting access to your account, and you agree to bear responsibility for all activities that occur under your account or password. If you are under the age of 18, you may only use the AirParts Offerings with the participation of a parent or guardian. AirParts has the right to reject service, terminate accounts, revoke access to AirParts Offerings, delete or modify material, or cancel orders at its sole discretion.

CONTENT, SITE CONTENT, BUYER REVIEWS, COMMENTS, GENERAL COMMUNICATIONS, AND BUYER AND/OR SELLER COMMENTS

You are permitted to post reviews, videos, comments, photos, and other content; send and receive communications; and offer ideas, questions, suggestions, comments, or other information, so long as the content is legal, and is NOT obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,, pornographic, slanderour, defamatory, or any other harmful communication.  You are not permitted to use a false e-mail address, impersonate any individual or organisation, or otherwise misrepresent the origin of your material. AirParts reserves the right (but not the duty) to remove or modify such content, but it does not routinely monitor posted content.If you do provide content or post material, unless we otherwise notify, you give AirParts a nonexclusive, perpetual, royalty-free, irrevocable, and fully licensable right to use, modify, publish, reproduce, distribute, adapt, perform, translate, create derivative works from, and display such content in any media formats anywhere the content is available on Earth. You grant AirParts and sublicensees the right to use your name (or the submitted name) in connection with the submitted content, AirParts so chooses. You warrant that you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AirParts for all claims resulting from content you supply. AirParts reserves the right, but is not required, to monitor, modify, or remove any activity or content. AirParts assumes no accountability for any content posted by you or a third party.

POTENTIAL OF LOSS

All AirParts purchases of tangible goods are governed by a shipment contract between AirParts and our carrier partners. This implies that the risk of loss and the ownership of the goods pass to you upon our delivery to the courier.

TITLE AND OWNERSHIP, REFUNDS, AND RETURNS

AirParts does not take ownership of returned items until they have been delivered to our distribution center. At our discretion, we may offer a refund without requiring the return of the item. In this instance, AirParts does not take ownership of the returned item. Please refer to our Return Policy for additional information on returns and refunds.

ITEM DESCRIPTIONS

AirParts strives for the most precise item listings possible in industry. AirParts does not, however, guarantee that the item descriptions or other content of any AirParts Offerings are complete, current, accurate, or without error. If a product sold directly by AirParts is not as represented, your primary recourse is to return it in unused condition. AirParts is responsible for maintaining the master item catalog provided by AirParts Offerings.

ITEM PRICING AND TRANSACTION COMPLETION

"List Price" refers to the suggested retail price issued by the manufacturer, supplier, or seller for a product. It is also known as MSRP or Manufacturer's Suggested Retail Price. We routinely compare List Prices to recent prices obtained on AirParts and other vendors.Regarding items offered by AirParts, we cannot confirm the price until you place an order. A small proportion of items in our catalog may be priced wrongly despite our best efforts. If the correct price of an item sold by AirParts is higher than the price displayed on our website, we shall, at our option, either contact you for instructions before shipping or cancel your purchase and notify you of such cancellation. In the event of an incorrectly-priced item, certain of our sellers may have varying policies.Your credit card will not be charged until your order has entered the shipping process.

APPLICATION AND MOBILE APP PERMISSIONS

When you utilize apps developed by AirParts, such as the AirParts Mobile App, or the AirParts AOG App, you may grant us access to your device with specific permissions. The majority of mobile devices provide details regarding these permissions.

EXPORT POLICIES AND SANCTIONS - IMPORTANT TO AVIATION

You may not utilize any AirParts Offerings if you are subject to U.S. sanctions or country-specific penalties accordance with U.S. law. You must adhere to any U.S. and foreign export and re-export limitations that may apply to products, software, technologies, and services. If you are in a country where sanctions are imposed, you may not order from AirParts or use any AirParts Offerings.We retain the right, before to any sale of AirParts Offerings or products, to collect information on you to ensure compliance with sanctions. Additionally, we retain the right to request documentation or an affidavit that you will not export any items purchased via AirParts Offerings without our prior knowledge and approval. Prior to us delivering your order, you might be asked to complete an export control form. In addition, we reserve the right to request installation location, aircraft tail number, final destination country, and any other information we deem essential to ensure compliance with export controls and sanctions. We have the right to cancel any order if we suspect a possible violation has  or may occur.In addition, we will not ship items to freight forwarders. Our sellers are only permitted to ship items directly to the entity (buyer) making the purchase. We verify that all addresses are not affiliated with a freight forwarder. You may not have an item purchased through AirParts Offerings shipped to a freight forwarder. If we discover this to be happening or we discover it after it has occurred, we retain the right to cancel your order(s), report the transaction to the appropriate government agency, and close your account. Aviation parts and components are strictly regulated, and any violation or breach of sanctions or export restrictions might result in criminal penalties that are beyond our control.

THIRD PARTY TRANSACTIONS AND PROVIDERS

Through the AirParts Offerings, third parties operate stores, provide services or software, and sell products. In addition, we give links to the websites of related businesses and other organizations. If you purchase any of the items or services supplied by these businesses or persons, you are not purchasing from AirParts, but rather from these third parties. We are not responsible for analyzing or assessing these firms' or persons' offerings, and we do not guarantee them (including the content of their Web sites). AirParts assumes no duty or responsibility for the acts, products, and content of these and any other third parties. You should thoroughly research their privacy policies and other terms of service..

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE AIRPARTS OFFERINGS AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRPARTS OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE" BY AIRPARTS, UNLESS OTHERWISE SPECIFIED IN WRITING. AIRPARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIRPARTS OFFERINGS OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRPARTS OFFERINGS, UNLESS SPECIFIED IN WRITING, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE AIRPARTS OFFERINGS IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, AIRPARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AIRPARTS DOES NOT WARRANT THAT THE AIRPARTS INFORMATION, MATERIALS, CONTENT, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AIRPARTS OFFERINGS, AIRPARTS' SERVERS, OR AIRPARTS’ LEASED SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM AIRPARTS ARE FREE OF VIRUSES OR MALWARE. AIRPARTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AIRPARTS OFFERINGS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AIRPARTS OFFERINGS, INCLUDING BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, INDIRECT, DIRECT, AND CONSEQUENTIAL DAMAGES, UNLESS SPECIFIED IN WRITING.

JURISDICTION AND DISPUTES

You consent to the exclusive jurisdiction and venue of the state and federal courts in Fairfax County, Virginia for the adjudication of any dispute or claim pertaining in any way to your use of any AirParts Offerings. We each waive our jury trial rights.

APPLICABLE LAW

By using any, one, or all AirParts Offerings, you consent to the application of federal law and the laws of the Commonwealth of Virginia, without regard to considerations of conflict of laws, to these Terms and Conditions of Use and to any dispute of any kind that could arise between you and AirParts.

SITE MODIFICATION, SEVERABILITY, AND TERMS

It is important to consider our other stated policies. These terms also apply to your usage of AirParts Offerings. We retain the right to make modifications at any time to our policies, website, Service Terms, and these Terms and Conditions of Use. If any of these terms and conditions are determined to be invalid, void, or unenforceable for any reason, such condition shall be deemed severable and shall not impact the legality and enforceability of the other terms and conditions.

AIRPARTS MAILING ADDRESS

AirParts Aero Inc
700 R Street STE 80952
Lincoln, NE 68501

OTHER AIRPARTS SOFTWARE TERMS

The following policies ("Technology Terms") apply to any software (including any updates or upgrades to the software) and supporting documentation that AirParts makes available to you in conjunction with AirParts Offerings (the "AirParts Technology").

1. Utilization of AirParts Technology. You may use AirParts Technology exclusively to enable your use of the AirParts Offerings, as supplied by AirParts, and as authorized by these Terms and Conditions of Use and any Technology Terms. You may not incorporate any portion of the AirParts Technology into other programs or compile any portion of it with other programs, nor may you copy (except to exercise the rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or grant licenses for the AirParts Technology in whole or in part. All software used in AirParts Offerings belongs to AirParts or its software vendors and is protected by U.S. and international copyright laws.
2. Utilization of Third-Party Services. You may also utilize the services of one or more third parties when you utilize AirParts Technology. Your use of these third-party services may be subject to their individual rules, terms of service, and fees.
3. No Backwards Engineering. You may not backwards engineer, disassemble, or decompile, tamper with, or circumvent any security associated with the AirParts Technology.
4. Updates. We may issue automatic or manual AirParts Technology upgrades at any time and without warning.
5. Government Users. If you are a U.S. Government user, we are licensing the AirParts Technology to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. 2.101), and the rights we grant you to the AirParts Technology under these Terms and Conditions of Service are the same as the rights we grant to everyone else that uses the AirParts Technology.
6. Conflicts or Inconsistencies. In the event of any inconsistency between these Terms and Conditions of Service and any other AirParts or third-party terms applicable to any portion of AirParts Technology, such as open-source license terms, such other terms shall control with respect to that portion of AirParts Technology and to the extent of the inconsistency.

HOW TO SERVE US WITH A SUBPOENA OR OTHER LEGAL PROCESS DOCUMENTS

AirParts Aero exclusively accepts service of subpoenas and other legal process documents through GCPC, its nationwide registered agent (GCPC). You can mail subpoenas and other legal documents to GCPC at the following address: AirParts Aero Inc
c/o GCPC
6849 Old Dominion Dr
Suite 220
McLean, VA 22101
United States of America
Please note that giving complete and correct information at the onset will expedite the handling of your request. This includes the e-mail address and/or credit card number used to make purchases for retail purchase information; the name, e-mail address, and physical address of a seller for seller information; the device serial number for AirParts products; and IP address and full time stamps to help us investigate and respond as timely as possible.

NOTICE AND PROCEDURE FOR CLAIMS OF INFRINGEMENT OF INTELLECTUAL PROPERTY

If you suspect that your intellectual property rights have been violated, please email us to file a complaint. Email: ip@airparts.aero. This email may be used to submit all intellectual property claims, including copyright, trademark, and patent claims.We respond promptly to the complaints of intellectual property owners regarding any suspected infringement, and we cancel the accounts of repeat infringers under the appropriate conditions.We provide the following alternative to our online form exclusively for copyright concerns. You may send written copyright infringement accusations to our Copyright Agent at the following address: Copyright Agent
AirParts Aero IP Department
700 R Street STE 80952
Lincoln, NE 68501
Written allegations for copyright violations must include the following details:

• The physical or electronic signature of the individual authorized to act on behalf of the copyright holder;
• A description of the protected work that allegedly was infringed upon;
• Your physical address, phone number, and email address;
• A description of the location of the allegedly infringing content on the website;
• A declaration by you that you have a good-faith conviction that the contested use is not permitted by the copyright holder, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notification is correct and that you are the owner of the copyright or authorized to act on the owner's behalf. This must be notarized.