AGREEMENT BETWEEN USER AND THE TEXAS PILOTS ASSOCIATION (THE TPA)

2008-2021

The TPA Web Sites constitute various Web sites and Web pages operated by The TPA or its affiliates (collectively, the "TPA Web Sites").

The TPA Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TPA Web Sites constitutes your agreement to all such terms, conditions, and notices.

Additionally, the TPA Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the terms and guidelines contained within any particular TPA Web Site, then these terms shall control.

MODIFICATION OF THESE TERMS OF USE

The TPA reserves the right to change the terms, conditions, and notices under which the TPA Web Sites are offered, including but not limited to the charges associated with the use of the TPA Web Sites. You are responsible for regularly reviewing these terms and conditions.

Unless otherwise specified, the TPA Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TPA Web Sites.

The TPA Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the TPA and the TPA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The TPA is not responsible for webcasting or any other form of transmission received from any Linked Site. The TPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The TPA of the site or any association with its operators.

As a condition of your use of the TPA Web Sites, you warrant to the TPA that you will not use the TPA Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TPA Web Sites in any manner that could damage, disable, overburden, or impair the TPA Web Sites or interfere with any other party's use and enjoyment of the TPA Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TPA Web Sites.

The TPA Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

The TPA has no obligation to monitor the Communication Services. However, the TPA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The TPA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The TPA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the TPA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. the TPA does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, the TPA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Participants are not authorized TPA  spokespersons, and their views do not necessarily reflect those of the TPA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

The TPA does not claim ownership of the materials you provide to the TPA (including feedback and suggestions) or post, upload, input, or submit to any TPA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the TPA, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The TPA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the TPA's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Software (if any) that is made available to download from the TPA Web Sites, excluding software that may be made available by end-users through a Communication Service ("Software"), is the copyrighted work of the TPA and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, the TPA hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular TPA Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by the TPA and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TPA WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TPA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TPA WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE TPA WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE TPA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE THE WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE TPA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE TPA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TPA WEB SITES, WITH THE DELAY OR INABILITY TO USE THE TPA WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE TPA WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE TPA WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TPA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TPA WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TPA WEB SITES.

SERVICE CONTACT: webmaster@texaspilots.org

The TPA reserves the right, in its sole discretion, to terminate your access to any or all the TPA Web Sites and the related services or any portion thereof at any time, without notice.

This agreement is governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas, U.S.A. in all disputes arising out of or relating to the use of the TPA Web Sites. Use of the TPA Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the TPA as a result of this agreement or use of the TPA Web Sites. TheTPA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the TPA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the TPA Web Sites or information provided to or gathered by the TPA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the TPA with respect to the TPA Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the TPA with respect to the TPA Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TPA Web Sites are: Copyright ? 2008-2012 The TPA and/or its suppliers, 4621 S. Cooper St. Ste.131-289, Arlington, TX 76017, U.S.A. All rights reserved.

TRADEMARKS. TPA and/or other TPA products referenced herein are either trademarks or registered trademarks of the TPA (ex. "No Plane, No Gain!" , "The Peter Pan Club", "Fly Texas Magazine", "FTX", etc.) . The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

AUCTIONS & CLASSIFIEDS

ELIGIBILITY; AUTHORIZED USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the TPA Auctions & Classifieds, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, e-mail address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

FEES; PAYMENT
The TPA reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. The TPA further reserves the right to alter any and all fees from time to time, without notice.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

USING THE SERVICES
The TPA Auctions & Classifieds are offered solely as a forum for you to use the Services to buy and sell goods. The TPA is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. The TPA cannot screen, censor, or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, the TPA cannot control or warrant the behavior of the users of the Services. As such, your use of the TPA Auctions & Classifieds and its Services is at your own risk, and the TPA disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release the TPA, its suppliers, service partners, agents, employees, consultants, and trustees from all claims, demands, and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of the TPA Auctions & Classifieds and the Services. Further, because the TPA is not involved in any transactions between you and other users of the Services, the TPA cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

You warrant that you will abide by all additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid.

It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the TPA Classifieds: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users, "fulfillment" software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in the TPA's  sole discretion, indecent, obscene, or pornographic; registered or unregistered securities; goods that you do not have the legal right to sell; goods that are misrepresented or that do not in fact exist; goods that, if sold via the Services, would cause the TPA to violate any law, statute, or regulation.

The TPA reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.

Last updated/edited: 11/28/2021 18:58:34 -0600

November 20, 2010

? The Texas Pilots Association