2. Electronic Communications. When you use any NeBAA Service, access this Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other NeBAA Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Content Ownership; Copyright. All content included in or made available through any NeBAA Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of NeBAA 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 NeBAA Service is the exclusive property of NeBAA and protected by U.S. and international copyright laws.
5. NeBAA Logos and Trademarks. The NeBAA logo is owned by NeBAA. You must not use NeBAA's logo in connection with any non-NeBAA service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NeBAA. Any trademarks not owned by or licensed to NeBAA that appear in any NeBAA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NeBAA.
7. Your Account. If you use any NeBAA Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NeBAA does provide services and membership available for purchase with a credit card or other permitted payment method. If you are under 18, you may use the NeBAA Services only with involvement of a parent or guardian. NeBAA may refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
(a) is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
(b) is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
(c) is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy;
(d) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
(f) involves commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions or advertising;
(g) is libelous, defamatory, knowingly false, or misrepresentative;
(h) seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(i) infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
(j) includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
(k) is harmful or malicious to the systems or networks of NeBAA or any other persons;
(l) interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
(m) violates any obligation of confidentiality or violates the privacy or any other right of any third party;
(n) consists of any other User Content that NeBAA in its sole discretion deems to be Unacceptable Content.
10. Refunds. NeBAA will issue refunds on a case-by-case basis if special circumstances warrant such action.
13. DISCLAIMER OF USE. NeBAA DOES NOT PROVIDE INFORMATION OR DATA INCLUDING, BUT NOT LIMITED TO, WEATHER CONDITIONS, EITHER DIRECTLY OR INDIRECTLY FOR THE PURPOSE OF FLIGHT PLANNING. ANY SUCH INFORMATION OR DATA IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND NeBAA DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION AND DATA. THIRD PARTY PRESENTATIONS, DIRECTLY OR INDIRECTLY PROVIDED VIA VIDEO, AUDIO, OR DOCUMENT (POWERPOINT ETC.) DO NOT NECESSARILY REFLECT THE POSITION, OPINIONS OR RECOMMENDATIONS OF NeBAA, ITS OFFICERS OR DIRECTORS, AND ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. NeBAA DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION OR PRESENTATIONS.
14. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WRITTEN EXPRESS LIMITED WARRANTY THAT IS OFFERED WITH AN NeBAA PRODUCT OR SERVICE: (A) THE NeBAA SERVICES, PRODUCTS, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE NeBAA SERVICES ARE PROVIDED BY NeBAA ON AN "AS IS" AND "AS AVAILABLE" BASIS; (B)YOUR USE OF THE NeBAA SERVICES, ANY NeBAA PRODUCTS, AND THE SITE IS AT YOUR SOLE RISK; (C) TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NeBAA AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES: (I) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR RELIABILITY; AND (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE.
15. LIMITATION OF LIABILITY. NeBAA IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NeBAA SERVICE, PURCHASE OF ANY NeBAA SERVICE OR PRODUCT, USE OF OR ACCESS TO THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NeBAA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS OR REVENUES.
16. INAPPLICABILITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Nebraska Business Aviation Association, P.O. Box 19007, Omaha, NE 68119. NeBAA will respond to you with further instructions. The American Arbitration Association (“AAA”) will conduct the arbitration under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
Both you and NeBAA agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
20. Our Address. NeBAA, P.O. Box 19007, Omaha, NE 68119.
21. Additional NeBAA Software Terms. The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with NeBAA Services (the "NeBAA Software").
(c) No Reverse Engineering. You must not directly or indirectly (or assist or encourage others to): copy, modify, distribute, transfer, reverse engineer, decompile, disassemble, create derivative works from, or otherwise tamper with, the NeBAA Software.
(d) Updates. NeBAA may, at its discretion, automatically update the NeBAA Software or offer manual updates at any time with or without notice to you.
(e) Export Regulations. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and any other applicable statutory or regulatory restrictions.