SITE USAGE AGREEMENT
Introduction The "Site" means www.e-aircraftsupply.com and any websites, domains, or email communications that are linked to or from the Site and that we own or control. "We" means JACO INDUSTRIALS INC. DBA JACO AEROSPACE or its subsidiaries and affiliates.
By using this Site you agree that you are over the age of eighteen and that you agree to the terms and conditions in each section of this "Agreement." If you do not agree with these terms and conditions you should stop using the Site immediately.
Please note that this Agreement may change from time to time. We will not reduce your privacy-related rights under this Agreement without your consent, and we expect that most changes will be minor. Any changes will be posted on this page and we encourage you to review this Agreement from time to time.
If you have questions regarding this Site or this Agreement, please contact us at:
2050 Lincoln Ave.
Pasadena, CA 91103
"Material" or "Materials" means the products, services, resources, information, data, specifications, photographs, images, text, audio, video and other content displayed on or referred to on the Site.
Note that the use of certain Material or the conduct of certain transactions on the Site could be subject to additional terms and conditions that we will make available to you prior to using such Material or completing such transactions.
1. We offer some services that do not require you to provide any personal information. In providing this Site we might collect the following types of information:
2. We will not provide your personally identifiable information to any other entity unless authorized by you. Some information may be shared in the aggregate with third parties for the purposes described in this Agreement or other supplementary privacy notices for specific transactions or Material. In addition to the above, such purposes may include:
- Server Log Information: When you use the Site our servers automatically record information that your browser sends whenever you visit any website. Such server logs may include information such as your Internet Protocol address, web request, browser language, browser type, the date and time of your use and one or more cookies that can uniquely identify your browser.
- Communications: When you email or contact us we may retain your communications in order to process your requests, respond to your inquiries and improve our Site, products and services.
- Your Personal Information: When you register with a part of our site we may ask you to provide "Personal Information" like your name, mailing address, phone number, email address or an account password. For some services we might also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit in order to provide you with a better experience and to improve the Site quality. In some cases, certain transactions require that we share your Personal Information with our suppliers and manufactures. In such cases, you agree that we may share your Personal Information to the extent required by the supplier or manufacturer.
3. Security of Personal Information: While we make a good faith effort to prevent third party, non-affiliate access to personal information, you agree and understand that internet communications may not be secure. Thus, we cannot warrant or guarantee that your personal information will not be disclosed to or accessed by parties other than those authorized under this Agreement. Thus, to the extent allowed by law, you agree and understand that we will not be liable for actual or consequential damages caused by such disclosures of your personal information in excess of any funds you have paid to us in connection with your disclosure to us of Personal Information.
- Ensuring the technical functioning of our network;
- Providing services, including the display of content;
- Auditing and analysis in order to maintain, protect and improve our services;
- Identifying you if we believe we need to in order to enforce compliance with this Agreement or to protect the rights or property of our Company, Site, or customers; or
- Complying with applicable laws, including those pertaining to Technical Data or the U.S. Dept. of Commerce.
4. Updates to Your Personal Information: At your request, we will make reasonable efforts to update, change or delete any personal information you may have provided via the Site. Please contact us via one of the means provided below to initiate updates to your Personal Information:
2050 Lincoln Ave.
Pasadena, CA 91103
5. You agree and understand that to enforce this Agreement, resolve disputes, or provide information to satisfy applicable laws, regulations or proceedings, we may need to retain your personal information. Additionally, you understand and agree that your personally identifiable information may be retained by us in residual back-up files that are a function of our server back-up systems.
General Conduct & Limited License
1. You may access, display, and print one copy of the Material solely for your personal, internal, non-commercial use, except as otherwise specified on this Site. No other use of the Material is authorized. You agree that the copy of the Material shall retain all copyright, trademark and any other notice in the same form and manner as any such notice appears on the Material or on the Site. You may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without our prior, written consent.
2. You understand and agree that any permitted use of the Material and the Site is at your own discretion and risk. You will be solely responsible for any damage to your network, software or computer system, and for any loss of data that could result from the use of the Site or the Material.
3. While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any of our hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating our employees, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to our computers, software, data, accounts or databases.
4. You may not, without our prior written consent, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted above; or flood the Site with electronic traffic designed to slow or stop its operation.
Third Party Material
1. "Third Party Material" means Material owned by third parties, as well as links to websites owned by third parties. This Site may include or provide access to Third Party Material. Use of Third Party Material is at your own risk and we are not responsible for the accuracy or reliability of any Third Party Material.
2. Our inclusion of Third Party Material on this Site shall not be construed as our endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold us harmless from any liability that may result from your use of Third Party Material.
1. This Site and the Materials contain third parties and our intellectual property that is protected by United States and International Law. Except as otherwise in this Agreement, nothing contained herein shall be construed as granting any license, patent, trademark, service mark, copyright or other intellectual property right to you.
2. Jaco, and Jaco Aerospace, are our trademarks, service marks, or registered trademarks. Additionally, any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs provided in the Material or displayed on the Site are the property of Jaco Aerospace, Inc. or third parties, and no right to use such Marks is granted to you by your use of this Site. Other company names, brand names, trademarks and logos are the property of their respective owners.
3. The Site and the Materials are our or third party copyrighted property. You may not download, copy, or use the Site or Materials except as specified in this Agreement.
Accuracy and Timeliness of Information and Historical Information
Our original content, which may be posted or archived on our sites, is believed to be accurate at the time of creation and original date of posting. Additionally, we use reasonable good-faith efforts to monitor the accuracy, completeness, timeliness and reliability of any Material on this Site, but we do not warrant or guarantee the Material or the Site in any way and we deny that we have any obligation to do so. Thus, despite our reasonable efforts, Material may not be immediately updated when errors are uncovered or as new information becomes available. You understand and agree that the Site and Material may become stale or incomplete over time, and you release us from any and all liability associated with the Material and the Site. To the extent that you rely on dated Material, you do so at your own risk.
Submissions to the Site
Compliance with Applicable Laws; Export Control Laws
1.The Site and the Material may be subject to State and U.S. Law, including export control laws and may also be subject to the laws of the country where you reside if you reside outside the U.S. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and the Material. We do not represent that the Site or the Material is appropriate or available for use in any particular jurisdictions. If you choose to access this Site from any jurisdiction you do so at your own risk. The laws of the State of California, United States of America, excluding choice of law principles, shall govern and construe any and all issues relating to use of the Site and the Materials.
We make reasonable efforts to prevent Materials from being shown or sold by us to parties who are not permitted to purchase those certain categories of products under U.S. law; notwithstanding anything else to the contrary, you accept full legal and financial responsibility for purchases initiated with us by or through the Site which violate any applicable laws and you further consent to the unilateral cancellation by us of any transaction that appears in our sole discretion to violate any applicable law. We also reserve the right to take affirmative steps to prevent your access to the Site in such circumstances.
2. Unless otherwise noted, this sale, order or quote may include U.S. Munitions List (USML) or Commerce Controlled List (CCL) items. USML/CCL property is controlled by the U.S. Government and in many cases cannot be transferred (exported, sold or given) to a foreign country, a non U.S. Citizen/National or a non-Permanent U.S. Resident without valid State and/or Commerce Department export authorization(s). It is the responsibility of you (the purchaser) to determine what the applicable requirements may be and to ensure all necessary authorizations, licenses or approvals are obtained. The use, disposition, export and re-export of the property covered or included in this sale, order or quote is subject to the provisions of law referenced in End-Use Certificate DLA Form 1822, DEC 2001, including, but not limited to, the Arms Export Control Act (22 USC 2751 et seq.); Export Administration Act of 1979 (50 USC App. 2401 et seq.) as contained under Executive Order 12924; International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.) and the Espionage Act (18 USC 793 et seq.).
3. Venue, or the place in which you may bring a law suit, for disputes about this Agreement, use of the Site, or use of the Materials or for claims and based on the subject matter of this Agreement shall be in the State District Court of Los Angeles County, California, or the United States District Court for the Los Angeles, District of California in Los Angeles, California. By using this Site and the Materials you agree to such jurisdiction and venue, and you give up the right to select venue in any other forum.
Disclaimers & Indemnification By You
1. To the extent allowed by law, under no circumstances and under no legal or equitable theory shall we, our officers, employees, directors, agents, suppliers, or any other party involved in providing the site or the materials, be liable to you or any other person for any direct, indirect, punitive, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to person, property, data, software or hardware arising out of the use of, or inability to use, the site, the material, any of our products or services, or any other linked website, or any damages resulting from the use of or reliance on the material presented, even if we have been advised of the possibility of such damages.
2. Except as otherwise specified by us and to the extent allowed by law, all material provided on the site is provided "as is" without warranty of any kind, either express or implied. We disclaim all warranties, including, without limitation, those of merchantability, fitness for a particular purpose, title, non-infringement, or those arising from a course of dealing, usage, or trade practice. The international convention for the sale of goods, the uniform computer information transactions act and the uniform electronic transactions act are expressly disclaimed.
Termination and Survival
Quotes, Orders and Shipping
Any price quotes or similar information provided by us are provided as a courtesy to you and shall not be binding commitments to sell any particular product to you or any third party; further, we reserve the right to cancel quotes and orders in the event that, in our sole discretion, the contemplated transaction would violate any applicable law. All purchase orders from you are subject to written acceptance by us. Stock is subject to availability at time of purchase. We do not issue FAA Form 8130s or have PMA approvals. All orders for Material are shipped as soon as reasonably possible based upon days quoted or listed regarding the Material being ordered. For information on order status, contact email@example.com.
A Jaco Certificate of Conformance accompanies all orders. However, please note that we do not automatically provide Manufacturer Certificates or other documentation reflecting the pedigree of the delivered product; because of our large inventory of both commercial and government products, we rely instead on you (the purchaser) to request needed documents per order and to determine that the material meets your requirements.
These are only allowed on items that are (1) unused, (2) in original condition and packaging, and (3) acceptable for return by our suppliers/manufacturers. Products returned for exchange must be returned postage paid, in delivered condition, in original packing, and with all provided documentation. For products that are authorized for return, a restocking fee of 20% of the invoice price will be charged or deducted from the credit or refund on all returns, except when the product is non-functional. No returns will be accepted without a Return Material Authorization (RMA) number issued by Jaco Aerospace. RMA’s must be requested within one week of receipt of material. RMA’s requested after that week will not be approved for return. Once the RMA # is provided, the product(s) in question must be received by Jaco Aerospace within one calendar week. Credit card refunds will be processed within 14 days of our receiving RMA returned product. Special order, custom items and shelf life restricted items may not be returned unless pre-approved by us. Please contact us to request your RMA by emailing firstname.lastname@example.org.
Any New Surplus (NS), Serviceable (SV), Used, and Overhauled Condition (OHC) parts are considered Non-Cancelable, Non-Refundable (NCNR), unless prior agreement is obtained
Last Updated: May 16, 2016