The following are terms of a legal agreement between you and ZuluLog LLC (also referred to as ZuluLog, ZuluLog.com, or Company). Please read these terms carefully before using any product or service provided by ZuluLog (referred to as "Materials"). By using the Materials, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the Materials.
Subject to the terms and conditions set forth in this Agreement, ZuluLog grants you a non-exclusive, non-transferable, limited right ("License") to access, use and display the Materials. The definition of Materials includes without limitation ZuluLog's web sites, ZuluLog's mobile apps, other software, services and any external content generated by ZuluLog's software. You agree not to interrupt or attempt to interrupt the operation of the Materials in any way. You agree that ZuluLog may revoke this License at any time without notice, at the Company's sole discretion, for any reason or for no reason at all.
Personal Use Only Except By Arrangement
Materials are made available for personal, non-commercial use only. To make commercial, corporate, government or group use of the Materials, you must first enter into an agreement with ZuluLog to do so.
Account Security and User Conduct
You agree to be responsible for all use of your account while using the Materials, and for all actions and activities that take place using your account. You agree to keep your password secure. You agree not to use the Materials to violate or infringe upon the rights of any third party. You agree not to use the Materials to upload or transmit any information that ZuluLog considers to be harmful, illegal, threatening, defamatory, harassing, vulgar, or otherwise objectionable.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ZULULOG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE MATERIALS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ZULULOG RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS. ZULULOG MAY MAKE ANY OTHER CHANGES TO THE MATERIALS AND THE PRICES (IF ANY) DESCRIBED IN THE MATERIALS AT ANY TIME WITHOUT NOTICE. THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Damages
YOU AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT SHALL ZULULOG OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA, OR LOSS OF GOODWILL, WHETHER ON ZULULOG'S SERVERS OR ON YOUR INFORMATION HANDLING SYSTEM), UNDER ANY THEORY OF LIABILITY, THAT ARE RELATED TO THE USE OF, THE MISUSE OF, OR THE INABILITY TO USE THE MATERIALS, EVEN IF ZULULOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY LOSS OR DAMAGE SUFFERED IS TO DISCONTINUE USE OF THE MATERIALS.
Official Record Keeping
Should you choose to use the Materials as a form of official record-keeping, you agree to do so solely at your own risk; and you furthermore agree that all records you enter, delete, edit or otherwise cause to modify shall be true and correct to the best of your knowledge. The Materials may contain features intended to help you conform to regulations, for example regarding recency of flight. Any such features are intended for convenience only and you agree not to use such features as a substitute for knowledge of applicable regulations.
Not For Planning or Navigation
The Materials may contain reference information relating to, for example, airports, navaids, waypoints, coordinates, distances, bearings, nations, provinces, cities, or other cartographical or political topics. Such information if any is provided for reference or convenience only, without any guarantee of timeliness or accuracy. Any such information in the Materials is not to be used for planning or navigation purposes.
Not For Safety-Critical Applications
The Materials are not to be used in aircraft navigation or communication systems, life support machines, nuclear reactors, or other applications in which failure of the Materials, or failure to access the Materials, could lead to death, personal injury, or physical or environmental damage.
International Users and Choice of Law
The Materials are controlled, operated and administered by ZuluLog from its offices within the United States of America. ZuluLog makes no representation that the Materials are appropriate for use outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use or export the Materials in violation of United States export laws and regulations. If you access the Materials from locations outside of the United States, you are responsible for compliance with all local laws.
ZuluLog reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective upon posting. Your continued use of the Materials after any changes to this Agreement are posted will be considered acceptance of those changes.
The Materials may draw information from, or contain links or references to, third-party Web sites, content, or resources; and may provide materials that are intended to be compatible with products or services offered by third parties. These links, references, and materials are provided without warranty of any kind, and ZuluLog does not make any commitments, representations, or warranties regarding the availability, use, or content of any third-party resources. Links to third-party resources do not indicate endorsement of such resources. ZuluLog is not responsible or liable for any content, products, services, policies, or transactions provided by or in reference to any third party, even if the third party is linked from ZuluLog's Materials.
Copyright and Trademark Information
The Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, ZuluLog does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. ZuluLog, ZuluLog.com, the ZuluLog logo, ZuluScript, and all other trademarks and/or registered trademarks, unless otherwise noted, are owned or licensed by ZuluLog LLC. All other brand names, product names, or trademarks belong to their respective holders.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect.
The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions.
Applicability Based on Customer Service Level
Any users who are not paying the Company specifically for use of the Company's Materials are expressly excluded from this agreement. ANY SUCH USERS ARE PROVIDED NO GUARANTEES OF ANY KIND REGARDING, WITHOUT LIMITATION, SERVICE, UPTIME, FUNCTIONALITY, AVAILABILITY, OR ACCESSIBILITY OF MATERIALS.
Current Customers Only
This agreement applies only to those Customers whose subscriptions and/or contracts have not lapsed, and who are considered by the Company to be paying customers with accounts in good standing.
Definition of Availability
Definition of Functionality
Functionality is defined as the Company's provision of the Materials to the Customer to the extent that such Materials are expressly documented, stated or advertised in writing by the Company, or have been specifically agreed to in writing by the Company.
The Company's provision of services, Materials, Functionality, and Availability to the Customer may be disrupted from time to time by forces or events beyond the Company's reasonable control. These include without limitation fire, flood, war, strikes or labor disputes, natural disasters, embargoes, acts of God, and civil or military action. Such disruptions not being caused by fault or gross negligence of the Company shall not be considered failure to provide Availability and shall not be deemed violations of this Agreement.
Termination With Cause
Either party may terminate this Agreement with written notice without further obligation to the other party in the event that (i) the aggrieved party ("Non-Defaulting Party") shall have given the other party ("Defaulting Party") thirty (30) days' written notice of the Defaulting Party's failure to discharge any material obligation, and (ii) such failure or default is not corrected by the Defaulting Party within thirty (30) days of the initial notice and continues to exist as of the date upon which the Non-Defaulting Party gives final notice of termination ("Termination Date").
Payment or Refund Upon Termination With Cause
Upon termination of this agreement with cause: (i) If the Customer is the Non-Defaulting Party, the Customer may request via written notice a prorated refund of any prepaid fees. Such refund will be given for whole calendar months starting from the first of the month following the Termination Date, and ending on the last day of the full month for which Customer has already prepaid in full the service fees. No refunds will be given for any time period preceding the Termination Date. (ii) If the Company is the Non-Defaulting Party, the Customer is to pay the Company in full for services until the end of the contractual period. (iii) Gift certificates and gift subscriptions issued by the Company or purchased from the Company are non-refundable. No refund will be made by the Company to any purchaser or user of a gift certificate, except as required by law under specific jurisdictions.
Termination Without Cause
Either party may terminate this Agreement without cause, upon the expiration of the contractual period. Written notice of such termination must be given before the expiration of such contractual period. In the event this Agreement is terminated without cause, neither party will have any continuing obligation to the other party, including without limitation any refund of fees already paid.
Retention and Conversion of Customer Data Upon Termination
Upon the termination of this Agreement for any reason, the Company is not obligated to continue to store any data, records, or other information specific to the Customer. The Customer may enter into a separate agreement with the Company to convert the Customer's information to a format usable by the Customer.
Availability Percentage is defined as the percentage of time the Company makes available the Customer's contracted services and data to the Customer over the internet. Company guarantees that Availability Percentage will be ninety-eight percent (98.0%) or greater, based on verifiable service availability determined by the Company. Customer may enter into a separate agreement with the Company for a different Availability Percentage.
Credit For Lack of Availability
For each percentage point that Availability Percentage falls below the Company's commitment per calendar month, the Customer may request a credit of one percentage point of Customer's monthly invoice, or the same percentage of the equivalent monthly payment if Customer is not on a monthly invoice cycle, up to a maximum of twenty percent (20%) of the Customer's total equivalent monthly invoice. Such request must be received in writing within thirty days of the end of the calendar month for which the request is made. The Company will conduct an investigation of such reported lack of Availability. If Availability Percentage for the period is found to be less than that specified in this Agreement, Company will issue a credit to the customer within sixty (60) days of receipt of the request. This credit shall not apply if Customer is in default of any payments owed to the Company, or is otherwise in violation of this Agreement.
The Customer may enter into a separate agreement with the Company to perform additional services or to provide additional software or other Materials. The cost of such services shall be negotiated between the Customer and the Company.