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Nebraska Business Aviation Association
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Terms and Conditions of Use

NeBAA Website Terms of Use

Terms of Use

Welcome to www.NeBAA.org (the “Site”), which is operated by Nebraska Business Aviation Association, a Nebraska non-profit corporation (“NeBAA”). Please review the following terms and conditions of use (“Terms of Use”) as they form a binding agreement between you and NeBAA. You accept and agree to these Terms of Use by engaging in any of the following activities: visiting or using the Site; accessing information and hyperlinks on the Site; accessing and participating in forums ("Squawk Box"); accessing and posting of resumes and curriculum vitae; making charitable contributions; making payments for sponsored activities; using any NeBAA mobile applications; or using software provided by NeBAA in connection with any of the foregoing (collectively “NeBAA Services"). The term "you" refers to the user or viewer of our Site. If you do not agree with and agree to comply with these Terms of Use, please do not use this Site and exit it immediately.

We offer a range of NeBAA Services and sometimes additional terms may apply. When you use a NeBAA Service, you also will be subject to the guidelines, terms and agreements applicable to that NeBAA Service ("Additional Terms"). If these Terms of Use are inconsistent with the Additional Terms, those Additional Terms will control.

1.      Privacy. By accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed at www.NeBAA.org/Privacy-Policy. Please review our Privacy Policy carefully.

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.

3.      Services; Resale Prohibited. Only end users may purchase NeBAA Services because those Services are intended for use only by the purchaser.  Resellers are prohibited from purchasing NeBAA Services through the Site; any attempt to purchase Services listed on the Site with the intent of reselling them to end-users violates these Terms of Use.

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.

6.      License and Access. Subject to your compliance with these Terms of Use and your payment of any applicable fees, NeBAA or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the NeBAA Services and the Site. This license does not include: any resale or commercial use of any NeBAA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any NeBAA Service 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. All rights not expressly granted to you in these Terms of Use or any Additional Terms are reserved and retained by NeBAA or its licensors, suppliers, publishers, rights holders, or other content providers. No NeBAA Service, nor any part of any NeBAA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NeBAA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NeBAA without NeBAA’s express written consent. You must not use any meta tags or any other "hidden text" utilizing NeBAA's name or trademarks without the express written consent of NeBAA. You must not misuse the NeBAA Services. You may use the NeBAA Services only as permitted by law. The licenses granted by NeBAA terminate if you do not comply with these Terms of Use or any Additional Terms.

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.

8.      User-Generated Content. NeBAA may permit you to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials (“User Content”), to public areas or private portions of the Site. All User Content is subject to the restrictions set forth in these Terms of Use. If you post any User Content to any portion of the Site, you agree not to post any User Content that is unacceptable (“Unacceptable Content”); Unacceptable Content includes, but is not limited to, User Content that:

(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.

9.      Use of Content Supplied by You. Please see our Privacy Policy for information regarding use of personal information you provide or communicate to NeBAA. By posting User Content or engaging in any other form of communication through the Site, you grant to NeBAA, and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, transmit, display, publish, adapt, modify, distribute, prepare derivative works, publicly perform, or exploit in any way (collectively “Use”) such User Content or communication and to grant and authorize sublicenses of the foregoing for any purpose, including commercial purposes. NeBAA does not necessarily endorse, support, or agree with the Content posted by users on NeBAA. Any User Content placed on NeBAA, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent the views of NeBAA or its third party service providers. NeBAA may (but undertakes no duty to) review, edit, move, or delete any User Content posted on the Site in its sole discretion without notice. You agree that NeBAA and any third-party service providers are not responsible for, and will have no obligation to compensate you or otherwise be in any way liable to you for any User Content posted to the Site by you or others, including without limitation Unacceptable Content that violates these Terms of Use.


10.  Refunds. NeBAA will issue refunds on a case-by-case basis if special circumstances warrant such action. 


11.  Pricing. Pricing is specified for each offering of the Site on the web page related to such offering, which is incorporated by reference into these Terms of Use.


12.  Third-Party Businesses. Parties other than NeBAA may offer NeBAA products on this Site or through other means.  In addition, we may provide links to the sites of affiliated companies and certain other businesses. We do not examine, evaluate or otherwise warrant the offerings of, any of these businesses or individuals or the content of their Web sites. NeBAA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and those third party terms of use.


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.


17.  Disputes. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Any dispute or claim relating in any way to your use or purchase of any NeBAA Service, purchase of any NeBAA product or Service, access to the Site, or to any interaction between you and NeBAA or an NeBAA officer, employee, or agent will be resolved by binding arbitration, rather than in court. Any claims that qualify for small claims court may, however, be asserted in small claims court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. But an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

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. 

18.  Applicable Law. By using any NeBAA Service, purchasing an NeBAA Service or product, or accessing the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nebraska, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NeBAA.


19.  Site Policies, Guidelines, Modification, and Severability. Please review our other policies, such as Privacy Policy and Membership Guidelines. These policies also govern your use of NeBAA Services. NeBAA may modify this Site, policies, Pricing, Additional Terms, and these Terms of Use at any time. Any invalid, void, or otherwise unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provision.


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").

(a)   Use of the NeBAA Software. You may use NeBAA Software only to enable your use and enjoyment of the NeBAA Services. You are prohibited from: incorporating any portion of the NeBAA Software into your own programs, compiling any portion of it in combination with your own programs, transferring it for use with another service, or selling, leasing, loaning, distributing sub-licensing, assigning, or in any way transferring the NeBAA Software or the rights to the NeBAA Software in whole or in part. You must not use the NeBAA Software for any illegal purpose. NeBAA may cease providing any NeBAA Software and may terminate your right to use any NeBAA Software at any time. Your rights to use the NeBAA Software will automatically terminate without notice if you fail to comply with any of these Software Terms, the Terms of Use, or any other Additional Terms. Additional third party terms identified in related documentation may apply to that NeBAA Software (or software incorporated with the NeBAA Software) and will control over a conflicting provision in these Terms of Use. All software used in any NeBAA Service is the property of NeBAA or its software suppliers and protected by United States and international copyright laws.

(b)   Use of Third Party Services. Your use of NeBAA Software may result in the use of the services of one or more third parties, such as a third-party software company, a wireless carrier, or a mobile platform provider. Your use of these third-party services may be subject to the separate terms of use, policies, and fees of these third parties.

(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.

22.  Entire Agreement.These Terms of Use and the Privacy Policy, and any other incorporated terms constitute the entire agreement between you and NeBAA regarding your use of and access to the NeBAA.org website and the services provided by NeBAA; these Terms of Use supersede all prior agreements or understandings, whether oral or written, relating to that subject matter.  Any purchase of merchandise or services through a third-party provider or access to a third-party website will be subject to any agreement or understanding between you and that third-party. 


Last Updated February 24, 2014
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