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The following are terms of a legal agreement between you (referred to as You or Customer) and ZuluLog LLC (also referred to as ZuluLog, ZuluLog.com, Company, We, Our). 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 that ZuluLog may revoke this License at any time without notice, at ZuluLog's sole and absolute discretion.
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 a separate 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. You agree not to interrupt or attempt to interrupt the operation of the Materials in any way. You agree not to offer for sale, distribute, reproduce, modify, publish, license, or create derivative works from the Materials. You agree not to circumvent, deactivate, or thwart any security measures in the Materials. You agree not to disassemble, decompile, or reverse engineer any software or other content in the Materials. You agree not to access the Materials in any automated way. ZuluLog may terminate or place on hold your access to the Materials to protect you, ZuluLog, or our partners from suspected fraudulent or illegal activity. ZuluLog is not obligated to credit or discount any subscriptions placed on hold due to suspected fraudulent or illegal activity.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ZULULOG DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS 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, LOSS OF INCOME, LOSS OF EMPLOYMENT, 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.
ZuluLog reserves the right, at its sole and absolute 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 content, resources, or websites; and may provide content that is intended to be compatible with products or services offered by third parties. These links, references, and content 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.
Customer Ideas and Submissions
ZuluLog is not responsible for any similarity between its Materials and any unsolicited content or ideas transmitted to ZuluLog. You agree that ZuluLog will not provide any consideration to you for any unsolicited content or ideas, and you waive any claim against ZuluLog and its affiliates regarding any use of such content or ideas. You agree not to enforce any "moral rights" regarding any submitted content or ideas.
Renewal of Agreement
Your subscription will renew automatically until cancelled. ZuluLog may offer a number of Subscription Plans, with different terms and renewal periods. If you have signed up for a paid Subscription Plan, you agree that ZuluLog will charge you a periodic, recurring subscription fee corresponding to your selected Subscription Plan plus any applicable taxes. If your payment method expires, you remain responsible for any uncollected amounts. ZuluLog reserves the right to change the terms of Subscription Plans, including price, from time to time at its sole and absolute discretion. Any such changes will be reflected at the beginning of your next renewal period.
You agree to remain liable for all unpaid subscription amounts, as well as costs incurred by ZuluLog in pursuit of unpaid amounts, including without limitation bank overdraft fees, collection agency fees, reasonable attorneys' fees, chargeback fees, and arbitration or court costs. ZuluLog reserves the right, at its sole and absolute discretion, to restrict your access to the Materials until your account is considered by ZuluLog to be in good standing.
You may cancel your paid subscription upon the expiration of the contractual period. Notice of such cancellation must be given before the expiration of such contractual period. Upon the cancellation of your subscription for any reason, or if ZuluLog at its sole discretion does not consider you to be a currently-paying customer in good standing, ZuluLog is not obligated to continue to store any of your data, records, or other information.
Payments are nonrefundable and there are no refunds or credits for partially used periods, although you will continue to have access to the Materials until the end of your already-paid period. From time to time and at ZuluLog's sole and absolute discretion, ZuluLog may provide refunds, credits, discounts, free or trial periods, or other consideration (together, "Credits") to some or all of our customers. Any such provision of Credits shall not be construed as an obligation to provide such Credits in the future.
No Class Actions
You agree that you may bring claims against ZuluLog only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
No failure, delay or default in performance of any obligation of ZuluLog shall constitute an event of default or breach to the extent that such failure to perform, delay or default arises out of a cause, existing or in the future, that is beyond the control and without negligence of ZuluLog including, but not limited to: action or inaction of governmental, civil or military authority; fire; strike; lockout or other labor action; war; terrorist act; time-traveling cybernetic assassins; riot; theft; flood; earthquake or other natural disaster.
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 by a court of competent jurisdiction, 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.
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.
The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Delaware, USA without regard to the conflicts of laws provisions thereof, so there.