Please read these terms and conditions carefully before using this site

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These terms and conditions (together with the documents referred to within) give you the terms and conditions on which you may make use of our website https://aviapool.com/ and its associated domains, subdomains and application programming interface ("API") (collectively, our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

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Please read these terms and conditions carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms and conditions, you must not use our site.

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Other Applicable Terms

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These terms and conditions refer to the following additional terms, which also apply to your use of our site:

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Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

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If you purchase or loan items from us, our Terms and Conditions will apply to those transactions.

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Information About Us

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https://aviapool.com is a site operated by Aviation Tool Pooling, LLC ("We" or "Us"). We are registered in the United States of America have our registered office at 7178 Headley Street SE, Ada, MI 49301 USA.

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Changes To These Terms

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We may revise these terms and conditions at any time by amending this page.

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Please check this page from time to time to take notice of any changes we made, as they are binding on you. We will also post a notice on our website when we revise these terms and conditions.

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Changes To Our Site

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We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

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Accessing Our Site

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We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will use reasonable endeavours to give 30 days notice of any such suspension of service. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

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You are responsible for making all arrangements necessary for you to have access to our site.

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You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.

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Your Account And Password

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If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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We have the right to disable any username or password, whether chosen by you or allocated by us, or to restrict or prevent access from any IP address, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

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If you know or suspect that anyone other than you knows your user username or password, you must promptly notify us at support@aviapool.com.

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Intellectual Property Rights

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We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

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Subject to your compliance with these terms and conditions and the other applicable terms, we grant you a non-transferable, non-exclusive, revocable, limited right to use the information on our site.

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You must not profit directly from the sale or provision of information obtained on or through our site or by re-selling access to our site, without obtaining a licence to do so from us.

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If you copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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No Reliance On Information

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The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or made available through our site is accurate, complete or up-to-date.

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Third-Party Links And Resources In Our Site

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Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

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We have no control over the contents of those sites or resources and do not endorse or suggest any affiliation with them.

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Limitation Of Our Liability

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To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

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We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

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• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

• If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

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If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

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We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

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Prohibited Uses

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You may use our site only for lawful purposes. You may not use our site:

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• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as defined below.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions of website use or our services agreement.

• Not to exceed any agreed usage allowance or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our site or our systems or networks, or any systems or networks connected to our site.

• Not to attempt to gain unauthorised access to any part of our site, or any of our systems or networks, or to any of our servers, or to any of the services offered on or through our site, by hacking, password "mining", or any other illegitimate means.

• Not to probe, scan or test the vulnerability of our site or any network connected to our site, nor breach the security or authentication measures on our site or any network connected to our site, for any reason without our prior written consent.

• Not to access without authority, reverse engineer, disassemble, decompile, modify, create derivatives, interfere with, damage or disrupt:​

  • any equipment or network on which our site is stored;

  • any software used in the provision of our site; or

  • any equipment or network or software owned or used by any third party.

  • any part of our site;

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Interactive Services

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We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards and comment areas (interactive services).

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Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

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We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

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The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

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Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

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Uploading Content To Our Site

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Whenever you make use of a feature that allows you to upload content to our site (or for us to upload content on your behalf), or to make contact with other users of our site, you must comply with the content standards set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

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Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

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We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

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We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

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We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out below.

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The views expressed by other users on our site do not represent our views or values.

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Content Standards

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These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

 

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

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• Be accurate (where they state facts).

• Be genuinely held (where they state opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

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Contributions must not:

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• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Viruses

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We do not guarantee that our site will be secure or free from bugs or viruses.

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You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

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You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

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Linking To Our Site

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You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

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You must not establish a link to our site in any website that is not owned by you without permission from us to do so.

Our site must not be framed (displayed or loaded) on any other site.

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We reserve the right to withdraw linking permission without notice.

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The website in which you are linking must comply in all respects with the content standards set out below.

If you wish to make any use of content on our site other than that set out above, please contact websupport@aviapool.com.

 

Suspension And Termination

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We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

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Applicable Law

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These terms and conditions, its subject matter and its formation, are governed by U.S. law. We both agree to that the courts of Kent Count, MI (USA) will have non-exclusive jurisdiction.

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Trade Marks

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"Aviapool" and "aviapool.com" are trade marks of Aviation Tool Pooling LLC.

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Entire Agreement

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This Acceptable Use Policy and the documents referred to herein (agreement) constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.

Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

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Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

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Contacting Us

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If you have any questions or comments about Acceptable Use Policy, or require clarification for any of the points contained in it, please contact us at websupport@aviapool.com.

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