Terms of Use

Welcome all fellow pilots, aircraft buyers and sellers, aircraft owners, and all individuals that have any interest in general aviation to the Flying Online, Inc's Terms of Use section. It is very important that you read this entire Terms of Use.

This website is owned by Flying Online, Inc. "Flying," "Flying.com," "FlyingOnline.com," "Flying Online," "AircraftforSale.com," "Flying Online Inc.," "UsedAircraft.com" UsedAirplanes," UsedAirplanes.com('s)," "AirplaneFinancing.com" ALL refer to and mean Flying Online, Inc. with its principal office located at 2701 N. Rocky Point Drive, Suite 1200, Tampa, FL 33607 (USA).

By using this or any Flying Online, Inc. website ("Website" or "Websites") you agree to be bound by this entire document and abide in all the "Terms" and "Terms and Services" (this "Agreement"). This includes all registered or unregistered Dealers and/or Brokers ("Members" or "Customers"), all individuals ("Users" or "users" and "Visitors" or "visitors") or any person or any software that comes to our Website(s).

In addition, if you wish to become a Customer, thereby making use of our Website(s) for advertising purposes, there may be additional terms of use that you must abide by. This means, these Terms of Use are the minimum of what you must abide by.

Acceptance of Terms of Use Agreement

By accessing this or any Flying Online, Inc. Website, you must accept this Agreement and agree to all terms, conditions and notices contained or referenced herein.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of this Flying Online, Inc. Website(s). This Agreement may be modified by Flying Online, Inc. from time to time, such modifications to be effective upon posting by Flying Online, Inc. on the Website.

Electronic Form. By visiting or accessing the Flying Online, Inc. Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.

Therefore and again, by accessing this or any Flying Online, Inc. Website, you accept this Agreement and agree to all terms, conditions and notices contained or referenced herein.

Eligibility

You may not use the Website or any Services and may not accept the Terms if (1) you are not of legal age to form a binding contract with Flying Online, Inc., or (2) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of our Terms for your records.

Term of Agreement

The Terms will continue to apply until terminated by either you or Flying Online, Inc. as set out and described herein.

If you want to terminate your legal agreement with Flying Online, Inc. you may do so by (1) closing your accounts for all of the Services which you use, where Flying Online, Inc. has made this option available to you. Your notice should be sent, in writing, to Flying Online, Inc.'s address which is set out at the beginning of the Terms of Use document. Flying Online, Inc. may at any time, terminate its legal agreement with you if: (2) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (3) Flying Online, Inc. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (4) the partner with whom Flying Online, Inc. offered the Services to you has terminated its relationship with Flying Online, Inc. or ceased to offer the Services to you; or (5) Flying Online, Inc. is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (6) the provision of the Services to you by Flying Online, Inc. is, in our opinion, no longer commercially viable. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Flying Online, Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions herein shall continue to apply to such rights, obligations and liabilities indefinitely. This Agreement will remain in full force and effect at all times while you use this or any Flying Online, Inc. Website and all times that you are on any Website owned by Flying Online, Inc.

TERMS AND SERVICES

1) Interactions with Users of the Website

You are solely responsible for your interactions with customers and all other users of any Flying Online Websites. You understand that although Flying Online screens its Customers and users to the best of our ability, we cannot and therefore do not make any representations or warranties as to the conduct of customers or any individual as to the accuracy of their content. In no event shall Flying Online, Inc. be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the customers products and services including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or aircraft and products that you found on the Flying Online, Inc. Website or with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other users and Customers of the Service. You should not provide your financial information (credit card or bank account information) to anyone.

2) Solicitation of Members

You may not engage in advertising to, or solicitation of, any Member or visitor of the Flying Online, Inc. Websites. This includes, but is not limited to, solicitation or advertising to buy or sell any products or services through the Service or to attend events, parties or other social functions or networking for commercial purposes. You may not copy or use any email address on the Flying Online, Inc. Website for solicitation of our Members or users, nor transmit any chain letters or junk email(s) to Members or visitors of any Flying Online Website. Although Flying Online, Inc. cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or visitor. In order to protect our Members and visitors from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

3) Blocking of IP Addresses

In order to protect the integrity of the Service, or Flying Online Inc., we reserve the right at any time in its sole discretion to block Members or visitors from certain IP addresses from accessing our Websites.

4) Disclaimers

Flying Online, Inc. is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Flying Online, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Flying Online, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Under no circumstances will Flying Online, Inc. or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Flying Online, Inc. Website or the Service, any content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. Flying Online, Inc. cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The English language version of the Terms will govern your relationship with Flying Online Inc. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence. Flying Online, Inc. has subsidiaries and affiliated legal entities ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Flying Online, Inc. itself. You acknowledge and agree that subsidiaries and affiliates will be entitled to provide the Services to you. Flying Online, Inc. is constantly making changes and innovation in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Flying Online, Inc. provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Flying Online, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Flying Online Inc.'s sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if Flying Online, Inc. disables access to your account, you may be prevented from accessing the Websites and Services, your account details or any files or other content which is contained in your account. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Flying Online, Inc. will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (1) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Flying Online Inc., unless you have been specifically allowed to do so in a separate agreement with Flying Online Inc. You specifically agree not to access (or attempt to access) any of the Websites or Services through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Flying Online Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Flying Online, Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Flying Online, Inc. may suffer) of any such breach. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Flying Online, Inc. for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify Flying Online, Inc. immediately.

You expressly understand and agree that your use of the Services is at your sole risk and that the services are provided "as is" and "as available." In particular, Flying Online Inc., its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (1) your use of the services will meet your requirements, (2) your use of the services will be uninterrupted, timely, secure or free from error, (3) any information obtained by you as a result of your use of the services will be accurate or reliable, and (4) that defects in the operation or functionality of any software provided to you as part of the services will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Flying Online, Inc. or through or from the services shall create any warranty not expressly stated in the terms. You expressly understand and agree that UsedAirplanes.com, its subsidiaries and affiliates, and its licensors shall not be liable to you for: (1) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; (2) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services; (b) any changes which Flying Online, Inc. may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (c) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (d) your failure to provide Flying Online, Inc. with accurate account information; (e) your failure to keep your password or account details secure and confidential; the limitations on UsedAirplanes.com's liability to you in the paragraph above shall apply whether or not Flying Online, Inc. has been advised of or should have been aware of the possibility of any such losses arising

For information about UsedAirplanes.com's data protection practices, please read UsedAirplanes.com's "Privacy Policy" located within the Website. This policy explains how Flying Online, Inc. treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with UsedAirplanes.com's Privacy Policy. Flying Online, Inc. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Flying Online, Inc. may provide tools to filter out explicit sexual content. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk (although we will remove it immediately once discovered). You agree that you are solely responsible for (and that Flying Online, Inc. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Flying Online, Inc. may suffer) by doing so. You acknowledge and agree that Flying Online, Inc. (or UsedAirplanes.com's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Flying Online, Inc. and that you shall not disclose such information without UsedAirplanes.com's prior written consent. Unless you have agreed otherwise in writing with Flying Online Inc., nothing in the Terms gives you a right to use any of Flying Online Inc.'s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You understand that Flying Online Inc., in performing the required technical steps to provide the Services to our users, may (1) transmit or distribute your Content over various public networks and in various media; and (2) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Flying Online, Inc. to take these actions. You confirm and warrant to Flying Online, Inc. that you have all the rights, power and authority necessary to grant the above license. The Software which you use may automatically download and install updates from time to time from Flying Online Inc. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Flying Online, Inc. to deliver these to you) as part of your use of the Services.

Flying Online Inc.'s policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Flying Online, Inc. on the Services are subject to change without specific notice to you. In consideration for Flying Online, Inc. granting you access to and use of the Services, you agree that Flying Online, Inc. may place such advertising on the Services or any listings or picture. The Services may include hyperlinks to other web sites or content or resources. Flying Online, Inc. may have no control over any web sites or resources which are provided by companies or persons other than Flying Online Inc. You acknowledge and agree that Flying Online, Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Flying Online, Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. At times when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and Flying Online, Inc. and govern your use of the Services (but excluding any services which Flying Online, Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Flying Online, Inc. in relation to the Services.

You agree that Flying Online, Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings them herein and in the Services. You agree that if Flying Online, Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Flying Online, Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Flying Online Inc.'s rights and that those rights or remedies will still be available to Flying Online Inc. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

5) Additional Copyright & Trademark Information

The names, Trademarks, copyrights service marks, trade names, domain names and logos displayed on all Flying Online Inc.'s Websites are owned by either Mark J. Horne or Flying Online, Inc. You may NOT use any of trademarks, copyrights, service marks, trade names, domain names or logos without obtaining the express prior written authorization of Flying Online, Inc. and/or Mark J. Horne or any respective owner(s) that may or may not mentioned herein.

6) Additional Content Information

All right, title and interest in and to the content displayed on this Website, including without limitation the "look and feel," information, text, graphics, images, sound and video materials, logos, designs, software, Trademarks, service marks, trade names, and the compilation or coordination and selection (order and arrangement) of any of these elements is the property of, or is used with permission by, Flying Online, Inc. and is protected by U.S. and other national and international copyright and trademark laws. This means, your use of, or reliance upon, information on the Website is at your own risk and you are responsible for investigating the accuracy and completeness of such information.

Any and all buyers of any type of aircraft should, at a minimum contact an attorney and accountant and research all records of any and all aircraft with the FAA. The content on this Website is provided as a convenience to you and its presence on the Internet does not imply, in any way, that Flying Online, Inc. endorses such information.

Neither you nor your agents may copy, reproduce, modify, publish, transmit, display, create derivative works from, frame, scrape, create links to, interfere with, or distribute in any form, or by any means, any content. Neither you or your agent(s) may use, modify, adapt, reverse engineer or in any way exploit any of the content, including without limitation our Members information (material), in whole or in part, except as expressly permitted by these "Terms of Use." Any unauthorized use or exploitation of our Website, or the content contained herein, may (or will) violate U. S. and other national and international copyright laws, trademark laws, the laws of privacy and publicity, unfair competition laws, communications regulations and statutes and you may subject you to civil and criminal penalties. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Flying Online, Inc. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Flying Online, Inc. to display, distribute and promote the Services and may be revoked for certain Services. You agree that this license includes a right for Flying Online, Inc. to make such Content available to other companies, organizations or individuals with whom Flying Online, Inc. has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. When listings, pictures or Content is marked as "sold," or after 365 days from the date the listing, content and pictures were posted, you grant Flying Online, Inc. equal rights to the pictures and content so that we may archive the listings, content and pictures to build a database for various purposes. Unless you have agreed otherwise in writing with Flying Online, Inc., you agree that you are responsible for protecting and enforcing those rights and that Flying Online, Inc. has no obligation to do so on your behalf.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by UsedAirplanes.com, you agree that in using the Services, you will not use any Trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Flying Online, Inc. gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Flying Online, Inc. as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Flying Online, Inc., in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Flying Online, Inc., in writing. Unless Flying Online, Inc. has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

7) Password Area Access

Members or Customers, Dealers and Brokers, their authorized agents, and all visitors to this Website are permitted to access certain password protected and members-only areas of the Flying Online, Inc. Websites provided that such access is permitted by these "Terms of Use" and any "Membership Agreement" if any. Members (as well as users) are not permitted to share passwords with non-members or otherwise permit or facilitate non-members access to "Password Area's."

8) Confidentiality Statement

It is impossible for Flying Online, Inc. to guarantee and make all your confidential information safe because even websites owned by the government, Microsoft and the likes have been hacked into. Therefore, do NOT send or place ANY information on our Website that you do not want seen by the public or transmitted by use either with or without any or any persons permission.

9) Aircraft Performance Data and Specifications

Several of our Websites will contain direct aircraft performance data, links to aircraft performance data and aircraft or product specifications. This data/specifications is ONLY provided by us as to you as a research aid or tool. Meaning, you MUST use the data/specifications only as a tool/aid and you may not consider the data/specifications we provide as official or authoritative in any way. We are NOT responsible for incorrect aircraft performance data/specifications or ANY damage caused by the use of such data/specifications. You MUST confirm all data/specifications with the manufacturer (aircraft or product), product suppler or developer PRIOR to ANY reliance on ANY data/specifications contained herein.

10) Conclusion and Miscellaneous & Additional Legal Matters

The terms, this entire document and your relationship with Flying Online, Inc. under the Terms and Services, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and Flying Online, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of either Pinellas or Hillsbourgh, Florida (at Flying Online Inc.'s sole discretion) to resolve any legal matter arising from these or any Term with us. Notwithstanding this, you agree that Flying Online, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You are responsible for reviewing the Terms of Use each and every time you enter our Website(s). If you are a Customer or Member of Flying Online, Inc. your use of this Website may also be governed by additional Terms and Conditions set forth in a "Membership" or other Agreement.

If you do not agree to the terms and conditions in this Terms of Use, or with anything in this Terms of Use you must exit out of this website. Until such time that you agree to everything in our Terms of Use you are forbidden from using this website.

By using this Website, or any Website owned by Flying Online, Inc., or by clicking on any "I Accept" button contained within our Websites, you are agreeing to these Terms of Use and the Terms of Service(s) contained above and herein as well as our Privacy Policy