Welcome to our online store! Zook Aviation, Inc. and its associates (hereinafter “ZA”) provide their services to you (hereinafter “the Consumer”) subject to the following conditions. If the Consumer visits or shops within this website, airworthinessdirectives.com, (hereinafter “Website”), the Consumer hereby accepts and agrees to the following terms and conditions. Please read them carefully.
By the Consumer visiting the Website, filling out forms on the Website or sending an e-mail to ZA, the Consumer is communicating with ZA electronically, and thereby consenting to receive electronic communications from ZA electronically. The Consumer further agrees that all agreements, notices, disclosures and other communications that ZA provides to the Consumer electronically satisfies any legal requirement that such communications be in writing.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, portable document files, and software, is the property of ZA or its content suppliers and protected by international copyright laws. The compilation of all content on the Website is the exclusive property of ZA, with copyright authorship for this collection by ZA, and protected by international copyright laws.
ZA’s trademarks and trade dress shall not be used in connection with any product or service that is not ZA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZA. All other trademarks not owned by ZA or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZA or its subsidiaries.
ZA grants the Consumer a limited license to access and make personal use of the Website, and content contained therein, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ZA. This excludes any and all the Airworthiness Directives Compliance Reports and Tools and other databases, which are identified as having the file extension of .ZAR (hereinafter “IADCRT”), which by these terms and conditions, ZA hereby grants the Consumer permission to download and modify. ZA acknowledges that once the Consumer downloads an IADCRT to his/her personal computer, the IADCRT becomes property of the Consumer for the Consumer’s personal use only; however, the Consumer accepts and agrees that downloading and use of any and all IADCRT follows the license restrictions set forth in the following paragraph.
This license does not include any resale of the Website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of the Website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZA. The Consumer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZA and our associates without express written consent. The Consumer may not use any meta tags or any other "hidden text" utilizing ZA’s name or trademarks without the express written consent of ZA. Any unauthorized use terminates the permission or license granted by ZA. The Consumer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ZA so long as the link does not portray ZA, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The Consumer shall not use any ZA logo or other proprietary graphic or trademark as part of the link without express written permission by ZA.
Items are entitled to be refunded or returned based on complaint. If an item is unsatisfactory, a written explanation is needed before the item may be considered for a refund. Refunds are granted on a case-by-case basis and limited to a prorated portion of the Consumer’s unused subscription term less a $35 cancellation fee.
The Consumer hereby affirms that any and all information provided by the Consumer for the purpose of registration, membership, subscription or purchase is accurate and correct. If the Consumer provides false or misleading information, the Consumer indemnifies ZA against any damage or loss as a result of the false or misleading information provided by the Consumer. ZA further reserves the right to refuse service, terminate accounts, or cancel orders in the event that the Consumer has provided false or misleading information, in which case, the Consumer is not entitled to any refund amounts as specified in the Refund/Return Policy for a subscription terminated prior to the end of its term.
If the Consumer uses the Website, the Consumer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to the Consumer’s computer, and the Consumer agrees to accept responsibility for all activities that occur under his/her account or password. If the Consumer is under the age of 18, the Consumer shall only use the Website with involvement of a parent or guardian. ZA and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Consumer shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Consumer grants ZA and its associates and sub-licensees the right to use the name that the Consumer submits in connection with such content, if ZA chooses. The Consumer represents and warrants that the Consumer owns or otherwise controls all of the rights to the content that the Consumer posts: that the content is accurate: that use of the content the Consumer supplies does not violate this policy and will not cause injury to any person or entity: and that the Consumer will indemnifies ZA or its associates for all claims resulting from the content the Consumer supplies. ZA has the right but not the obligation to monitor and edit or remove any activity or content. ZA takes no responsibility and assumes no liability for any content posted by the Consumer or any third party.
All items purchased from ZA are made pursuant to a shipment contract. The shipment contract states as such that the risk of loss and title for such items pass to the Consumer upon ZA’s delivery to the shipment carrier.
ZA prides itself on providing the most accurate and up to date information as possible; however, ZA does not warrant that information contained within the Website, product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by ZA itself is not as described, the Consumer’s sole remedy is to return it in unused condition.
Further, the Consumer understands that the content of the Website is an unofficial compilation of information concerning aviation maintenance and airworthiness and is intended for INFORMATION PURPOSES ONLY. ZA makes no representations or warranties of any kind, expressed or implied, that the compilation of information provided by the Website is accurate, complete, reliable, current or error-free. Further, pursuant to 14 CFR §§39.3, 43.11, and 43.13, the Consumer agrees that it is the sole responsibility of the Consumer, or persons retained or hired by the Consumer to perform maintenance and/or inspections, to comply with any and all applicable airworthiness directives issued by the Federal Aviation Administration and the determination of applicability of said airworthiness directives to aircraft being maintained or inspected by the Consumer and/or the Consumer’s associates.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY OF THE WEBSITE IS PROVIDED BY ZA ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. THE CONSUMER EXPRESSLY AGREES THAT HIS/HER USE OF THE WEBSITE IS AT THE CONSUMER’S SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZA DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ZA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE CONSUMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THE CONSUMER, AND THE CONSUMER MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Website, the Consumer agrees that the laws of the state of Virginia, United States without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between the Consumer and ZA or its associates.
Any dispute relating in any way to the Consumer’s visit to the Website or to products purchased through the Website shall be submitted to confidential arbitration in the state of Virginia, United States, except that, to the extent the Consumer has in any manner violated or threatened to violate ZA intellectual property rights, ZA may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia, United States, and the Consumer consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Please review any other policies posted on the Website. These policies also govern the Consumer’s visit to the Website. ZA reserves the right to make changes to the Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Version: 2014.07 Dated: 07/03/2014