A. TERMS APPLICABLE TO ALL USERS
For users who are registered with BizAvAdvisor.com, your use of BizAvAdvisor.com shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users.
2. Changes to Terms
BizAvAdvisor.com is controlled, operated and administered by BAM from its offices within the United States. BAM makes no representation that materials or the Content available through BizAvAdvisor.com are appropriate or available for use outside the United States and access to them from countries or territories where their contents are illegal is prohibited. You may not use BizAvAdvisor.com or export the Content in violation of U.S. exports laws and regulations. If you access BizAvAdvisor.com from a location outside the United States, you are responsible for compliance with all local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of BizAvAdvisor.com for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on BizAvAdvisor.com, or the design or layout of BizAvAdvisor.com or individual sections of it, in any form or media. The systematic retrieval of data from BizAvAdvisor.com through any means other than its RSS feed is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through BizAvAdvisor.com without the prior written consent of BAM is strictly prohibited.
No-charge access to the content made available to you on BizAvAdvisor.com is possible due to the paid advertising that appears on BizAvAdvisor.com. We would not be able to provide you with this content for free without this advertising support. In exchange for not charging you for access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on BizAvAdvisor.com.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on BizAvAdvisor.com solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include BAM’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of BAM.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate BizAvAdvisor.com without the prior written permission of BAM. You may not use a part of BizAvAdvisor.com on any other website, without BAM’s prior written consent.
6. Other Information Content Providers: Non-BAA Bloggers, Wire Services, Company Press Offices, Etc.
BizAvAdvisor.com is a distributor of content supplied by other information content providers such as bloggers, wire services, and company press offices. BizAvAdvisor.com is not responsible for the statements and opinions expressed by any of these providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by BAM. Pursuant to 47 U.S.C. 230, BAM is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, BizAvAdvisor.com cannot and does not monitor all the information posted to BizAvAdvisor.com and assumes no duty to monitor BizAvAdvisor.com for inappropriate or inaccurate content.
Neither BAM nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, BAM reserves the right to remove information provided by other information content providers at any time in its sole discretion.
You may not link to BizAvAdvisor.com without BAM’s written permission. If you are interested in linking to BizAvAdvisor.com, please contact firstname.lastname@example.org
8. No Unlawful or Prohibited Use
As a condition of your use of BizAvAdvisor.com, you warrant to BAM that you will not use BizAvAdvisor.com for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use BizAvAdvisor.com in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of BizAvAdvisor.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from BAM through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with BAM should be directed to: email@example.com
10. No Warranties
BIZAVADVISOR.COM, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH BAM EXPRESSLY DISCLAIMS. BAM DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND BAM WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING BIZAVADVISOR.COM OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF BIZAVADVISOR.COM. BAM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING BIZAVADVISOR.COM AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BAM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Governing Law, Location and Miscellaneous
12. Separate Agreements
13. Digital Millennium Copyright Act (DMCA) Copyright Policy and Copyright Agent
BAM respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Address, telephone number, and, if available, an electronic mail address where we may contact you.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Business Aviation Media, Inc.
P.O. Box 5512
Wayland, MA 01778
Tel: (800) 655-8496
Fax: (508) 499-2172
14. No Professional Advice
The information available on BizAvAdvisor.com is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. BizAvAdvisor.com is not intended for use by minors.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON BIZAVADVISOR.COM IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. BAM reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions and Communications; Public Areas:
If you make any submission to an area of BizAvAdvisor.com accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to BAM by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted BAM a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. BAM may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to BAM by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on BizAvAdvisor.com are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. BAM has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
BAM reserves the right (but is not obligated) to do any or all of the following:
• Record the dialogue in public chat rooms.
• Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
• Monitor, edit, or disclose any communication in the Public Areas.
• Edit or delete any communication(s) posted on the BAM Site, regardless of whether such communication(s) violate these standards.
BAM reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. BAM has no liability or responsibility to users of the BAM BizAvAdvisor.com or any other person or entity for performance or nonperformance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. BAM SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF BAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE BIZAVADVISOR.COM OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO BIZAVADVISOR.COM OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BAM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts and Security
BAM does not warrant that the functions contained in the service provided by BizAvAdvisor.com will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- • select or use a Login Name of another person with the intent to impersonate that person;
- • use a name subject to the rights of any other person without authorization;
- • use a Login Name that BizAvAdvisor.com, in its sole discretion, deems inappropriate or offensive.
You shall notify BAM of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at BAM’s sole discretion, and you may be reported to appropriate law-enforcement agencies.