AvMarkets - A Global Aviation Marketplace to Buy, Sell, Lease and Repair

AVMARKETS, INC.

By checking the "I Agree" box, or otherwise using this software and/or website,
I declare that I have read and accept the terms of this End User License Agreement.

TERMS OF SERVICE

IMPORTANT-READ CAREFULLY:

This End-User License Agreement (the "Agreement") is a legal agreement between You (either an individual or a single entity) and AvMarkets, Inc. (hereafter "AvMarkets") for the Products and/or Services (as defined below). IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF THE AvMarkets PRODUCTS AND/OR SERVICES. BY SELECTING AND CHECKING THE "I Agree" CHECK BOX, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE ABLE TO SUBMIT YOUR AVMARKETS REGISTRATION AND WILL NOT BE ABLE TO ACCESS OR USE ANY OF THE AvMarkets PRODUCTS AND/OR SERVICES THAT REQUIRE AUTHENTICATION. AvMarkets reserves the right to revise this Agreement at any time.

"Product and/or Services" shall mean the website and the interface environment made available to You and Your end users pursuant to this Agreement for use via the World Wide Web and all Intellectual Property pertaining thereof, including, the servers, infrastructure, computer programs, software products (including any third party software products), databases, files and data either used to operate the Product and/or Services or incorporated therein, the system and processes, the documentation, modifications and enhancements.

LICENSE AND OTHER SERVICES.

AvMarkets hereby grants to You, for the term of Your Agreement, a non-exclusive, personal, non-transferable, non-sublicensable worldwide license to access and use the Products and/or Services in accordance with its intended use written instructions and specifications ("AvMarkets License"). The Product and/or Service is licensed to You, not sold, and only licensed to You and not any third party. This Agreement shall commence upon acceptance by You and shall continue for the period agreed upon between You and AvMarkets, unless terminated earlier by either party in the event of a material breach of this Agreement by the other party that has not been cured, to the first party's satisfaction, within thirty (30) days of a written notice thereof by the non-breaching party.

AvMarkets shall provide technical support to You in the use of the Product and/or Services, during regular business hours (i.e. 9am-5pm, EST). In addition, AvMarkets will provide You with an email address for which You may send questions if the Product and/or Services becomes inoperable after business hours. AvMarkets shall respond to via email to Your support request within a reasonable time-period.

RESTRICTIONS.

Other than the rights expressly licensed hereunder to You, no other rights or interest whatsoever in the Product and/or Services are granted to You. Without limiting the foregoing, You may not: (i) use the Product and/or Services not in conformity with AvMarkets' written instructions and specifications; (ii) reverse engineer or decompile, modify or revise the Product and/or Services or any part thereof, or create derivative works thereof; (iii) provide or share the username and/or passwords assigned to You with any third party; (iv) use the Product and/or Services to perform any illegal transfer of information (e.g. transfer of files in violation of a copyright); (v) use the Product and/or Services for any unlawful purpose (including, without limitations copyright infringement) or (vi) sell, rent, lease, sublicense or otherwise transfer your rights under this Agreement.

OWNERSHIP OF INTELLECTUAL PROPERTY.

One or more patents may apply to this Web site, including without limitation, U.S. Patent Number 7,856,430. AvMarkets owns or licenses and shall retain all rights, including Intellectual Property, in and to the Product and/or Services, including any new version releases, updates, enhancements, modifications or improvements made thereto. You acknowledge AvMarkets' exclusive rights in the Product and/or Services and that the Product and/or Services are unique and original to AvMarkets and that AvMarkets is the owner thereof. AvMarkets has

AvMarkets™, and other names, logos are icons identifying AvMarkets and its Products and/or Services are trademarks of AvMarkets. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to, contained or included in, the Product and/or Services and any material provided by AvMarkets.

You shall cooperate fully with AvMarkets in protecting AvMarkets' rights in the Product and/or Services. Without limiting the foregoing, You agree to notify AvMarkets promptly in the event that You become aware of any infringement of such rights.

By using the Product and/or Services, You understand, agree and authorize AvMarkets to give you the ability to upload your individual and company details, which may include company logos, company documentation, trade references, bank details, capabilities, personal and financial information and that this information maybe viewed by the member community provided you have allowed them to view such information.

Part Numbers or Keywords Uploaded to your account.

Part Numbers or Keywords that you upload to the AvMarkets server through your account or by request will remain on the server for an indefinite period of time. If your numbers or keywords are proprietary to you or your company and you do not want them listed or think you may want them removed should you cancel your AvMarkets account then DO NOT upload them. Numbers or Keywords that get indexed on search engines cannot be removed from the search index. AvMarkets has no control of outside companies that operate search engines, these are independent organizations that have their own policies and procedures on how they determine search content and what will show-up when using their technology. The part number or keyword that you upload will not show your company name in the URL should it get listed, For Example: A Part Number like MS21042 that you upload through your AvMarkets account would appear on our website search and in a search engine index as http://www.avmarkets.com/MS21042.html If you do not want your numbers listed in this manner then DO NOT upload them to your account. If you upload the number MS21042, you may be one of several companies already listing that part, all members listing MS21042 will receive a Request For Quote (RFQ) via email but only if the user that generated the request is a registered AvMarkets member in good standing. You take full reponsibility and authorize AvMarkets to use the Part Numbers, Keywords or Content that you upload to your AvMarkets account on a unlimited royalty-free basis for life.

Auctions

When a user posts an auction to sell inventory (seller) they are confirming that they have legal and sufficient title to sell the product on behalf of the company or individual for whom they represent as their AvMarkets user account. It is forbidden to sell stolen items using AvMarkets. If AvMarkets determines that a user is selling stolen items we will cooperate with the proper authorities. Posting an auction is understood as being in good faith, meaning the seller has every intent to sell the product for at least the starting price listed by the seller. Selling auction style is understood that the high bidder is awarded the bid, this is a bidding up process. The high bidder is obligated in good faith to purchase at the price they indicated as the high bidder. If a dispute arises due to inaccurate data posted by the seller or the buyer the two parties shall resolve the dispute between the two parties and not through AvMarkets. AvMarkets is not a platform to gather market research and values, meaning, the listing user and bidder has full intent to consummate the transaction. If AvMarkets determines that a user has violated the terms set forth in this complete document or uses the website in a fraudulent or unethical manner AvMarkets has the right to disable their account immediately and indefinitely or until AvMarkets determines the dispute has been resolved.

MRO Bid Solicitations

When a user posts an MRO Bid Solicitation they are confirming that they have legal and sufficient title to sell the product or service on behalf of the company or individual for whom they represent as their AvMarkets user account. The listing user has full intent to send an award to the vendor who they feel is capable of performing the tasks outlined in their solicitation. The listing user is under no obligation to award a bid to a vendor who bid the lowest price. It is important for the listing user to exercise due diligence when awarding a bid to a vendor by making sure the vendor is a legal entity and has the correct licenses and capabilities to accomplish what the vendor says they can provide in their bid. AvMarkets is only a platform for buyers and sellers to conduct business, we do not represent or recommend vendors and transactions are strictly between the listing user and the bidding user and not AvMarkets. AvMarkets is not a platform to gather market research and values, meaning, the listing user and bidder has full intent to award a bid. If the listing user feels all vendors that posted a bid do not have the capabilities to accomplish what is described in the solicitation then they are not obligated to award the bid, this is clearly at the discretion of the listing user. If AvMarkets determines that a user has violated the terms set forth in this complete document or uses the website in a fraudulent or unethical manner AvMarkets has the right to disable their account immediately and indefinitely or until AvMarkets determines the dispute has been resolved.

International Rules and Regulations

Since AvMarkets is a global platform for companies and individuals to conduct business worldwide is the obligation for all parties conducting business through AvMarkets to exercise due diligence by checking the legitimacy of the each other. It is your complete obligation to make sure you have fully researched and qualified the people and companies you do business with regardless of the country they are located. Please check with your own legal departments and government agencies for correct and accurate international embargo’s and treaties when dealing with international companies.

COPYRIGHT INFRINGEMENT POLICY.

AvMarkets is committed to protecting the rights of copyright rightholders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and AvMarkets will undertake appropriate steps against copyright repeat offenders. AvMarkets will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the "DMCA"). Upon receipt of notices complying with the DMCA, AvMarkets will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to the Designated Agent by mailing all required documentation to: AvMarkets, Inc., 1004 5th Avenue, Coraopolis, PA 15108, ATTN.: COPYRIGHT INFRINGEMENT DESIGNATED AGENT.

EXPORT RESTRICTIONS.

You agree that You will not export or re-export the Product and/or Services to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.

NO WARRANTY.

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND/OR SERVICES, THE WEB-SITE AND OTHER MATERIALS PROVIDED TO CLIENT UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. AvMarkets DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCT AND/OR SERVICES AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIABILITIES AND INDEMNITIES

You recognize and agree that any information or content of any kind, posted, uploaded, exported, emailed or otherwise transmitted, by You via the Product and/or Services, including without limitation any business or personal information or third parties' information (the "Client Information") is transmitted at Your sole risk. You shall remain at all times solely responsible for the full accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Information. You are responsible to make sure that the Information and/or Products/Inventory has been legally obtained and that Your use of such information complies with the requirements of all applicable laws. You further undertake not to transmit any information in violation of any applicable law or regulation, including without limitation, laws and regulations regarding data protection, security or privacy laws; and not to act in any way whatsoever, which was the effect or is likely to have the effect of violating the privacy of any person or entity.

You shall indemnify and save harmless AvMarkets and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by AvMarkets and/or any of its Related Parties resulting from or arising out of the use of any Information, contents and output, including, without limitations, infringement of third party's rights by such use or by such Information.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE OR MALFUNCTION OR DOWNTIME, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CUMULATIVE LIABILITY OF AvMarkets FOR ALL CLAIMS RELATING TO THE PRODUCT AND/OR SERVICES OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT UNDER THIS AGREEMENT.

Billing and Credit Card Charges For Services

AvMarkets, Inc., as seller of these services makes no representations or warranties, express or implied, concerning the services sold hereunder and are delivered as is. AvMarkets, Inc. shall have no liability to the buyer or third persons for any consequential damages for the use of these services. If a paying member is dissatisfied with the service and wants to dispute any credit card charges related this website then it is recommended to contact AvMarkets directly to resolve any issues. Credit refunds are processed for disputes made within a 30 day period and refunded for that billing period only - unless otherwise negotiated in writing. By registering or otherwise using this website or services you authorize AvMarkets, Inc. to charge your credit card and retaining your billing information on file for recurring services. As explain in this contract under our Privacy Policy, we take your personal and company information serious and therefore technically protect it with high internet security and we will not give out any of your information to any individual or organization unless requested by law or legal action.

Billing and Credit Card Charges For Products

AvMarkets, Inc., as seller of these items described on your invoice (items), makes no representations or warranties, express or implied, concerning the items sold hereunder and are delivered as is, except that AvMarkets, Inc. warrants that at the time of delivery of the items that AvMarkets, Inc. shall have good and sufficient legal title to the items sold. AvMarkets, Inc. shall have no liability to the buyer or third persons for any consequential damages, for and the use of the items or any inability to use such items either separately or in combination with other parts or equipment or from any other cause. Any credit card purchases resulting in dissatisfaction is recommended to contact AvMarkets directly to resolve any issues. If issues cannot be resolved any dispute resulting in legal action will be held under the laws of the State of Pennsylvania. Buyer also understands that should AvMarkets, Inc. need to seek legal council to resolve any issues related to this contract that buyer will reimburse any legal fees including but not limited to Attorney fees. Any statement, including, but not exclusively, descriptions of items, whether oral or written, that AvMarkets, Inc. employees or agents may have made concerning the items described in your invoice do not constitute or create any warranties, shall not be relied upon by the buyer, and are not part of this contract of sale. The entire contract is embodied in this writing. This writing constitutes the final expression of the parties agreement, and it is complete and an exclusive statement of the terms of this agreement. Buyer understands the return policy as outlined (Aircraft Parts and Factory New Items Only), NO RETURNS AFTER 30 DAYS. Within these 30 days, if the items are returned there will be a fifteen- percent (15%) restocking fee taken from the total value of the invoice. Buyer understands the late fee as outlined, There will be a late fee associated with delinquent payment of the contract of sale of 2% per month taken from the total value of the invoice. Used Tools & Equipment are sold as-is-where-is with all faults, No Returns unless otherwise negotiated in writing and signed by AvMarkets, Inc. By accepting delivery or using the items, the buyer agrees to the terms of this contract of sale.

PRESS RELATIONS.

You shall publicly credit AvMarkets as creator of the Product and/or Services by stating in press materials related thereto that the Product and/or Services are licensed from AvMarkets. In addition, You shall list the AvMarkets boilerplate and media contact information supplied by AvMarkets from time to time during the Term on all of its press materials relating to the Product and/or Services. Licensee shall also submit to AvMarkets all press releases and formal press materials mentioning the Product and/or Services for prior review and written approval.

MISCELLANEOUS.

(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) This Agreement shall be governed by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Pittsburgh, Pennsylvania, shall have exclusive jurisdiction over all disputes between the parties; (c) The parties hereto are and shall remain independent contractors; (d) This Agreement represents the entire agreement concerning the Product and/or Services between You and AvMarkets, and it supersedes any oral or written prior proposal, representation, or understanding between the parties.

PRIVACY STATEMENT

INTRODUCTION.

AvMarkets Inc. is committed to protecting your privacy. This statement details the steps we take to protect your personal information when you visit our websites. It describes the personal information that we collect, the purposes for which we use such information, and your choices regarding our use of it. The steps we take to protect your personal information and how you can review and correct your personal information are also covered here. By accessing our websites, you are consenting to the information collection and use practices described in this privacy statement.

OUR COLLECTION OF INFORMATION.

Information collected directly from you. Generally, you can visit AvMarkets’ websites without entering any personal information. On certain pages, we may ask you for personal information to provide a service or carry out a transaction that you have requested. The personal information we collect may include your name, title, company or organization name, e-mail address, telephone number, work or home address, information about your job function, information about your company, information about your product purchases, financial information (including credit card information), and information that allows us to determine your eligibility under export control regulations to receive information about certain technologies. We may also collect feedback from you about our websites. You are not required to provide this information, but if you do not, we may not be able to provide you the requested service or complete your transaction.

Information collected automatically. We collect information about your visit to our sites, including what pages you view, the links you click, the materials you access, and other actions taken within AvMarkets’ sites. On sites that you enter with a user ID, we may connect this information with your identity to determine your potential interests in our products and services. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and language, the date and time you access the site, and the website from which you linked to our site.

OUR USE OF INFORMATION.

We may use your personal and company information to deliver services or carry out transactions you have requested, such as providing information on AvMarkets products, registering purchased products, processing product orders, handling warranty claims, replacing product manuals, answering customer service requests, and so forth. In order to offer you a more consistent experience in your interactions with AvMarkets, information collected by our websites may be combined with information we collect by other means.
Website improvement: We may use your personal or company information (including logos and artwork) to improve our websites and related AvMarkets products or services and transactions or to make our websites easier to use by eliminating the need for you to repeatedly enter the same information or by customizing our websites to your particular preference or interests.
Communications. With your permission, we may use your personal information gathered via our websites to inform you of products or services available from AvMarkets. When collecting information that might be used to contact you about our products and services, we will always give you the opportunity to opt-out of receiving such communications. Moreover, each e-mail communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication.
Employment Applications. In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout AvMarkets and its controlled subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so.

OUR USE OF COOKIES AND WEB BEACONS.

Cookies are small files that websites save to your hard disk or to your browser’s memory. We use them to track the number of times you have visited the site, the number of visitors to the site, to determine and analyze visitors’ use of our sites (including the effectiveness of online advertising), and to store information that you provide such as your preferences. We may use session cookies (cookies that are deleted when you leave our site) to store your user ID, elements of your user profile, and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you may not be able to fully experience the features of AvMarkets' websites or other websites that you visit. Our sites also may contain electronic images known as web beacons – sometimes called single-pixel gifs – that allow us to count the number of users who have visited those pages. We may include web beacons in promotional e-mail messages or Newsletters in order to determine whether messages have been opened and acted upon.

COMMON WEB AUTHENTICATION.

To assist our business customers in managing their account information across different AvMarkets business units, we may have created a common web authentication system. With common web authentication, customers can create a single username and password that they can use to access online accounts with business units across AvMarkets. In certain cases, customers can access accounts with entities that supply services on behalf of AvMarkets. To establish a common web authentication account, we request your name, email address, company name, a password, and answers to a couple of questions that can be used to verify your identity in the event that you forget your password. We may also ask you why you want to establish an account, in order to determine your eligibility. It is your responsibility to ensure the security of your password and not to reveal this information to others. We use SSL encryption to protect information transmitted once you have successfully logged on.

DISCLOSURE OF PERSONAL INFORMATION.

Except as described below, personal information you provide to AvMarkets through our websites will not be shared outside of AvMarkets and its controlled subsidiaries and affiliates without your permission.
Disclosure to service providers. AvMarkets contracts with other companies to provide services on our behalf, such as hosting websites, sending out information, processing transactions, and analyzing our websites. We provide these companies with only those elements of your personal information they need to deliver those services. These companies and their employees are prohibited from using that personal information for any other purpose.
Disclosure to distributors. In responding to a request made by you, we may share your personal information with companies that distribute our products and/or services or members in our supplier network. In those cases, we provide these companies with only those elements of your personal information they need to respond to your request, and these companies and their employees are prohibited from using that personal information for any other purpose. In some cases, we may seek your permission to share your information with distributors for marketing purposes. However, we will not share your information unless we have obtained your consent to do so.
Disclosure in connection with transactions. In connection with certain transactions, we may disclose some or all of your personal information to financial institutions, government entities, and shipping companies or postal services involved in fulfillment.
Disclosures in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons AvMarkets decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. It is AvMarkets' practice to seek appropriate protection for information in these types of transactions.
Disclosure for other reasons. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual.

SECURITY.

AvMarkets is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. When you engage in a commercial transaction, we use industry-standard security technologies, such as the Secure Socket Layer (SSL) protocol, to encrypt your information for transmission over the Internet.

REVIEWING PERSONAL INFORMATION.

You can review and correct personal information provided through our websites by going to the personal and company profile pages on which you provided the information, some of which was gathered during registration. You can help us to maintain the accuracy of your information by keeping these profiles up-to-date.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION.

Personal information collected on our websites may be stored and processed in the United States or any other country in which AvMarkets or its affiliates, subsidiaries or agents maintain facilities. By using our websites, you consent to any such transfer of information outside of your country.

CHILDREN'S INFORMATION.

AvMarkets does not knowingly collect information from children and does not target its websites that collect information to children.

LINKS TO OTHER SITE.

Our websites may contain links to other sites such as AvMarkets distributors and sales affiliates, professional and government organizations, and publications. We also link to third-party providers that host, maintain and operate on-line training curricula. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.

ENFORCEMENT OF THIS PRIVACY STATEMENT.

If you have questions regarding this statement or our handling of your personal information, please contact us at www.AvMarkets.com/contactus.aspx. We will promptly address your concern and strive to reach a satisfactory resolution.

CHANGES TO THIS PRIVACY STATEMENT.

AvMarkets may occasionally update this privacy statement. When we do, we will revise the “last updated” date at the bottom of this document. It will be your responsibility to periodically check this document for changes. We will do our very best to make sure you are aware of any changes to this document as they occur.

Last Updated December 22, 2010

* Added "One or more patents may apply to this Web site, including without limitation, U.S. Patent Number 7,856,430". This was the only change to this document during last update.