1. Agreement Between Web Site User & The Twin Cessna
Flyer - The Twin Cessna Flyer Web Site operated by The Twin Cessna Flyer or
its subsidiaries, is comprised of various Web pages. The Twin Cessna Flyer Web
Site is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices set forth herein.
Your use of the Twin Cessna Flyer Web Sites constitutes your agreement to all
such terms, conditions, and notices.
2. Use of Site. Personal & Non-Commercial Use Limitation. - Unless otherwise
specified, The Twin Cessna Flyer Web Site is for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create copied works from, transfer, or sell any information,
software, products or services obtained from The Twin Cessna Flyer Web Site.
You may display and, subject to any stated restrictions or limitations relating
to specific material, electronically copy, download and print hard copy portions
of the material from the Site solely for your own noncommercial use, or to place
an order with The Twin Cessna Flyer or to purchase The Twin Cessna Flyer products.
Any other use of materials on this Site, including but not limited to the modification,
reproduction, distribution, republication, display or transmission of the content
of this Site, without prior written permission of The Twin Cessna Flyer is prohibited.
Harassment in any manner or form on the Site, including via e-mail and chat or
by obscene or abusive language is strictly forbidden. Impersonation of others,
including a Twin Cessna Flyer employee, host, or representative or other members
or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable,
or which may constitute or encourage a criminal offense, violate the rights of
any party or otherwise give rise to liability or violate any law. You may not
upload commercial content on the Site or use the Site to solicit others to join
or become members of any other commercial online service or other organization.
3. Copyrights & Trademarks. - The entire content (unless otherwise specified),
design, graphics, interfaces, or code and the selection and arrangements thereof
is copyrighted as a collective work under the United States and other copyright
laws, and is the property of The Twin Cessna Flyer. The collective work includes
works that are licensed to The Twin Cessna Flyer, Copyright 2010. ALL RIGHTS RESERVED.
4. Notices & Procedures For Making Claims Of Copyright Infringement. -
Notifications of claimed copyright infringement should be sent to the website's designated address. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The Twin Cessna Flyer respects the intellectual property of others, and we ask our users and visitors to do the same. The Twin Cessna Flyer will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, The Twin Cessna Flyer will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Twin Cessna Flyer the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other sufficient information to permit The Twin Cessna Flyer to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
The Twin Cessna Flyer
PO Box 12453
Charlotte, NC 28220
copyright (Please include "Notice of Infringement" in the subject line.)
5. Typographical Errors. -
In the event a Twin Cessna Flyer product or service is listed at an incorrect price due to typographical error or error in pricing information, The Twin Cessna Flyer shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Twin Cessna Flyer shall issue a credit to your credit card account in the amount of the incorrect price.
6. Term; Termination. -
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by The Twin Cessna Flyer without notice at any time for any reason. The provisions relating to copyrights and trademarks, disclaimer, claims, limitation of liability, indemnification, applicable laws, arbitration and general, shall survive any termination.
7. User Submissions. -
All information we may collect from you under the guidelines established in our
Privacy Statement, any material, information or other communication you transmit,
upload or post to this Site ("Communications") will be considered confidential
and proprietary. The Twin Cessna Flyer will be obligated with respect to the Communications
to keep this information confidential. The Twin Cessna Flyer and its designees
will not copy, disclose, distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things embodied therein for any
and all commercial or noncommercial purposes.
8. Third-Party Links. -
In an attempt to provide increased value to our visitors, this Site may contain
links to other sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However, even if the third
party is affiliated with The Twin Cessna Flyer, The Twin Cessna Flyer has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of The Twin Cessna Flyer. The Twin Cessna Flyer
has no responsibility or liability for these independent policies or actions and
is not responsible for the privacy practices or the content of such web sites.
These linked sites are only for your convenience and you access them at your own
risk. Links do not imply that The Twin Cessna Flyer sponsors, endorses, is affiliated
with or associated with, or has been legally authorized to use any trademark,
trade name, service mark, design, logo, symbol or other copyrighted materials
displayed on or accessible through such External Sites. Nonetheless, The Twin Cessna Flyer seeks to protect the integrity of its Site and the links placed upon
it and therefore requests any feedback on not only its own Site, but for sites
it links to as well (including if a specific link does not work).You should contact
the Site administrator or Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
9. Claims. -
Each claim or statement about the effectiveness of The Twin Cessna Flyer products
and/or each claim or statement comparing the effectiveness of The Twin Cessna Flyer
products to the effectiveness of other products is expressly limited to the United
States, unless otherwise disclosed on the Site.
10. Disclaimer. -
The Twin Cessna Flyer makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Twin Cessna Flyer DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. The Twin Cessna Flyer DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Twin Cessna Flyer DOES NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. -
IN NO EVENT SHALL The Twin Cessna Flyer BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES
WHATSOEVER, EVEN IF The Twin Cessna Flyer HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO
USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE
FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
12. Indemnification. -
You agree to indemnify, defend, and hold harmless The Twin Cessna Flyer, its
officers, employees, agents, licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions or
any activity related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your Internet account.
13. Applicable Laws. -
Your use of this Site shall be governed in all respects by the laws of the state
of North Carolina, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this Site (including but not limited
to the purchase of The Twin Cessna Flyer products) shall be in the state or
federal courts located in Mecklenburg County, North Carolina. The Twin Cessna Flyer
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or right.
The Twin Cessna Flyer may assign its rights and duties under this Agreement
to any party at any time without notice to you.
14. Arbitration. -
By using this Site, you agree that The Twin Cessna Flyer, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Uniform Arbitration Act set forth by the National Conference Of Commissioners On Uniform State Laws and by it approved and recommended for enactment in all the states, by one or more arbitrators appointed in accordance with the said Rules.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party other
than the direction to pay a monetary amount. Further, the arbitrator(s) shall
have no authority to award punitive, consequential or other damages not measured
by the prevailing party's actual damages in any arbitration initiated under this
section, except as may be required by statute.
15. General. -
The Twin Cessna Flyer may revise these Terms at any time by updating this page. You should visit this page periodically to review the then current Terms because they are binding. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
THE TWIN CESSNA PRIVACY STATEMENT
Twin Cessna Flyer ("we" or "us"). It outlines the types of information that we
gather about you while you are using twincessna.org ("Site"), and the ways in
to information that we may collect outside of the website or by other means such
as on the telephone, or through the mail.
1. OUR POLICY
Any changes to the way in which we collect and use your personal information,
we will post a notice on this Site. Your use of twincessna.org following any such
notice will signify and constitute your consent to and acceptance of revised privacy
2. THE INFORMATION WE GATHER AND HOW WE USE IT
Non-Personal Identifiable Information
For each visitor to our Web page, our Web server automatically recognizes no information
regarding the domain or e-mail address.
We collect no information on consumers who browse our Web page.
items that consumers add to their shopping cart.
We may use non-personal identifiable information collected from you and other
users to perform statistical analyses of user behavior and characteristics. These
aggregated statistics may be used to improve the Site and for product development
and marketing purposes only. Such statistics contain no personal identifiable
information and cannot be used to gather such information.
With respect to Ad Servers: We do not partner with or have special relationships
with any ad server companies. Customers may prevent their information from being
used for purposes other than those for which it was originally collected by calling
us at the number provided above.
Personal Identifiable Information
The personal identifiable information you provide us when using the Site will
be used to provide products and services to you. The types of information that
you provide include your name, e-mail address, mailing address and phone numbers.
If you submit, post, e-mail or otherwise send us information, content or materials,
including, without limitation, photographs or comments (collectively, "Submissions"),
we shall be entitled to unrestricted use on your behalf to service your purchase
and only your purchase. All information, content or materials, including, without
limitation, photographs or comments belong to the submitter ("you").
3. SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on The Twin Cessna Flyer.
In addition, for content that is covered by intellectual property rights, like
photos and videos (IP content), you give us the following permission, and you
grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any IP content that you post on or in connection with The Twin
Cessna Flyer. This IP License ends when you request your IP content be removed
from The Twin Cessna Flyer ("Site") by e-mailing
us with the phrase "REMOVE MY IP CONTENT FROM SITE" in the subject line. Content
that has been shared with others through our ("Magazine") once published
can not be removed.
With respect to security: We always use industry-standard encryption technologies
when transferring and receiving consumer data exchanged with our site. When we
transfer and receive certain types of sensitive information such as financial
information, we have appropriate security measures in place in our physical facilities
to protect against the loss, misuse or alteration of information that we have
collected from you at our site.
If you supply The Twin Cessna Flyer with your e-mail address, you may receive
periodic e-mail from us regarding news, products, services, or upcoming events.
The Twin Cessna Flyer does not sell or share its e-mail list. We occasionally
share individual e-mail addresses with other individual members if specifically
requested. If you ever wish to stop receiving such e-mail, please e-mail
us with the phrase "REMOVE ME FROM MAILINGS" in the subject line.
If you supply us with your postal address on-line you may receive periodic mailings
from us with information on new products and services or upcoming events. If you
do not wish to receive such mailings, please let us know by calling 1-877-977-3246.
Please provide us with your exact name and address. We will be sure your name
is removed from the list.
Persons who supply us with their telephone numbers on-line will only receive telephone
contact from us with information regarding orders they have placed on-line.
6. ACCESS TO YOUR INFORMATION
Upon request we provide site visitors with access to all information [including
proprietary information] that we maintain about them, financial information (e.g.,
credit card account information) that we maintain about them, transaction information
(e.g., dates on which customers made purchases, amounts and types of purchases)
that we maintain about them, communications that the consumer/visitor has directed
to our site (e.g., e-mail's, customer inquiries), contact information (e.g., name,
address, phone number) that we maintain about them , a description of information
that we maintain about them. Consumers can access this information by e-mailing
us, or write to us at the below address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact
information, financial information, unique identifiers, transaction information,
communications that the consumer/visitor has directed to the site. Consumers can
have this information corrected by sending us an e-mail,
calling 1-877-977-3246, writing to us at the below address.
7. QUESTIONS AND CONTACT INFORMATION
call 1-877-977-3246 or send your questions or concerns in writing to:
The Twin Cessna Flyer
PO Box 12453
Charlotte, North Carolina 28220
If you feel that this site is not following its stated information policy, you
may contact us at the above addresses or phone number, The DMA's Committee on
Ethical Business Practices at email@example.com,
state or local chapters of the Better Business Bureau, state or local consumer
protection office, The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357)
or electronically at http://www.ftc.gov/ftc/complaint.htm.
*** You will receive a confirmation of your purchase and registration by e-mail***